FSD 26 - Security deposit

The grievor sought the recovery of a security deposit.

The grievor was posted abroad and rented a townhouse which required a security deposit of US$1350. When the grievor vacated the townhouse, the landlord's representative along with the Department conducted walk-through inspections and completed the required reports. Although the reports showed different degrees of damages, the grievor signed both. The grievor was subsequently informed that the landlord was withholding the security deposit which would cover part of the cost of repairs for alleged damages (US$2231) leaving a balance of US$613.46 still owed to the landlord.

The Bargaining Agent questioned the validity of the landlord's inspection report contending that the document was altered after the grievor signed it. The grievor was prepared to pay for what he committed himself to when he did the walk-through inspection. It was the Bargaining Agent's view that under FSD 26.05, the employer had the authority to waive the damages against the grievor in that the claims were unreasonable.

The departmental representative stated that the employer was faced with a report which clearly contained the grievor's signature acknowledging the damages to the property as claimed, and the fact that the grievor did not contest or attempt to clarify the second report in any way, the Department was left with no alternative but to refuse the grievor's claim.

The Executive Committee considered and agreed with the Foreign Service Directives Committee report. The Committee concluded that the grievor was only responsible for those items listed as damaged on the employer's report in a total amount of US $476.28. The Executive Committee therefore agreed that the grievor was not treated within the intent of the Foreign Service Directive 26.

The grievance was upheld.