# 2017-137 Pay and Benefits, Pay, Reserve Force

Case summary

F&R Date: 2018-11-15

The grievor's period of Class B reserve service was terminated prior to its scheduled end date due to a prolonged period of illness. At the time her service was terminated, the grievor was in the midst of some significant dental treatment, which was also terminated. The grievor disputed the early cessation of her of Class B service and, in particular, her dental treatment. As redress, she sought reimbursement of the dental expenses she incurred to complete the treatment.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), found that when the grievor's Class B service ceased and she began to receive the Reserve Force Compensation (RFC) for illness attributed to military service, she was no longer entitled to receive Canadian Armed Forces (CAF) dental treatment. The IA denied redress.

The Committee first noted that, in accordance with Queen's Regulations and Orders for the Canadian Forces, article 35.04, entitlement to comprehensive CAF dental treatment for reservists is limited to those serving on Class C, and Class B reserve service in excess of six months. Therefore, the grievor's dental treatment correctly ended when her Class B service ended. The Committee then had to determine whether the grievor's Class B service was appropriately terminated.

The Committee found that the grievor's Class B service was ended due to her illness and consequent absences from work. The Committee reviewed the CAF policy on Reserve Force employment and the RFC and concluded that a member's Class B service should continue as planned until its scheduled end date or until the member is released from service. If the injury or illness continues beyond the end date of the period of service, then the member may be entitled to receive RFC equivalent to their rate of pay at the time of injury or illness until they recover or are released.

Having found that the grievor's Class B service should not have been terminated prematurely solely because of her illness, the Committee also noted that the policy is not being applied consistently across the CAF. Some ill or injured reservists remain on their original periods of service until the expiry date while others, like the grievor, are terminated and consequently lose access to medical, dental and other benefits as a result.

The Committee concluded that, had the grievor remained on her Class B service as scheduled, her dental treatment would most likely have been completed before the expiry of her period of service. Therefore, the Committee found that the grievor was entitled to comprehensive dental treatment during the entirety of her original full time Class B reserve service, as scheduled.

The Committee recommended that redress be granted, that the grievor's original period of Class B reserve service be restored, that her eligibility for dental treatment be restored, that her pay, leave and pension entitlements be recalculated, and that any dental expenses she incurred as a result of the incomplete CAF dental treatment plan be reimbursed.

FA decision summary

The Chief of the Defences Staff (CDS) disagreed with the Committee's findings concerning the grievor's circumstances and declined to grant the redress recommended by the Committee. The CDS found that in the absence of clear policy direction concerning early termination of reserve service for medical reasons, the grievor's commanding officer (CO) had some latitude to address her circumstances. The course of action the CO chose may not have been best practice, but it was policy compliant.

However, the CDS did agree with the Committee's systemic recommendation to address the CAF's inconsistent treatment of injured reservists by clarifying the applicable policies. The CDS directed the Chief of Military Personnel to review the matter with the goal of providing interim direction regarding the cessation of reserve service due to injury or illness.