# 2019-265 Careers, Allowances and benefits, Reserve Force

Case summary

F&R Date: 2020-09-08

The grievor, a Reserve Force (Res F) member, grieved the denial of his request for two years of Reserve Force Compensation (RFC) for an injury he sustained on Class "B" service. As redress, he requested two years of RFC minus the RFC he had already been awarded.

The Initial Authority did not render a decision within the statutory time limit and the grievor requested that it be submitted to the Final Authority (FA).

The Committee accepted that the grievor's injury was attributable to military service and that he otherwise met the eligibility criteria for RFC. The only issue was the amount of time for which he was eligible.

The Committee reviewed the grievor's circumstances in accordance with the Compensation and Benefits Instructions, which provides at section 210.72 that disability compensation is no longer payable when a Res F member is no longer disabled and can either resume active Res F participation, resume his or her occupation or seek gainful civilian employment. In the grievor's case, the evidence established that he had completed some Class “A” service during part of his disability period and that a medical practitioner deemed him fit for civilian employment on a certain date, after which he was no longer eligible for RFC. The Committee found that the grievor's RFC eligibility had been calculated correctly in accordance with these facts.

Accordingly, the Committee recommended that the FA not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's finding that the grievor had not been aggrieved and with its recommendation not to afford the redress sought. The CDS found that the grievor had ceased to be eligible for RFC once he was deemed fit to seek or return to civilian employment, and that the grievor had received all the RFC to which he had been entitled. The CDS noted that, after the Committee had released its findings and recommendations, the grievor had made additional representations, which raised allegations of racial discrimination. The CDS stated that these were serious allegations that demand appropriate action and encouraged the grievor to contact the Conflict and Complaint Management Services Centre for assistance.