# 2019-019 Pay and Benefits, Class C Reserve Service, Incentive Pay Category

Case summary

F&R Date: 2019-09-03

The grievor contended that it was unfair that he had not been paid for his class “C” reserve service on 31st day of a month. The Initial Authority found that the grievor was not entitled to pay for 31st of the month because the Treasury Board of Canada purportedly maintained that “the 31st day of a month cannot legally exist.”

The Committee cited 203.06 of the Queen's Regulations and Orders for the Canadian Forces, which provides that where a monthly rate of pay is prescribed, the daily pay rate shall be calculated as being 1/30th of the monthly rate. The Committee found that a plain reading of this provision deems all months to be 30-day months for the purpose of computing entitlements, not a statement that “the 31st day of a month cannot legally exist.” The Committee note that no Canadian Armed Forces (CAF) policy prescribes that CAF members will work without pay.

In addition, the Committee cited Compensation and Benefit Instruction 203.01(b) and 203.02(b), which explicitly provide that pay commences on the first day and ceases on the last day of class “B” or class “C” reserve service. In other words, reserve force members are to be paid for each and every day they work from the first to the last day of the class “B” or “C” assignment, up to a maximum of 100% of the monthly rate. The Committee found that the rationale for not paying a reservist for short-term class “C” service performed on the last day of the calendar month would only apply where the reservist was paid the class “C” daily rate for every day of a 31-day month beginning on the first day of the month, because by the 30th day the full monthly amount would have been paid.

In the grievor's case, at no time did he serve 31 consecutive days in any calendar month during his class “C” service. Accordingly, the Committee found that he was entitled to pay for his class “C” service on 31st of the month at the daily rate of 1/30th of the applicable monthly rate and recommended he be paid accordingly.

FA decision summary

The Director - Canadian Forces Grievance Authority, acting as Final Authority (FA), disagreed with the Committee's recommendation to uphold the grievance. The FA stated that he agreed in principle with the Committee but notes that Treasury Board staff adopted a certain interpretation that "the 31st cannot legally exist". Expressing reservations about this interpretation, he found that he does not have the authority to provide pay for Reserve Force service on the 31st day of the month. The FA granted a day of short leave to the grievor, in lieu of compensation for the unpaid day of reserve service.

The FA agreed with the Committee's observation that the Canadian Forces Leave Policy Maual (CFLPM) provided confusing guidance when it came to Special Leave and found that the grievor was not entitled to special leave given that he had not served for 30 consecutive days or more. The FA found that it was appropriate to compensate the grievor for having worked on an operation with long hours and during normal days of rest and granted him three days of short leave. He also directed the Director General Compensation and Benefits to ensure that his staff consider the discrepancy in the CFLPM during their policy review.