December 1, 1994
24.4.69, 24.4.70
The grievor sought the rescindment of letters advising him that he must vacate Crown housing and sought authorization to remain in Crown housing during his off season.
The grievor was appointed as an indeterminate summer seasonal employee on April 30, 1990. When the grievor accepted the appointment to the position, he inquired about his entitlement to a house in the park and was told that houses were available but that he would have to apply for one. He did so and subsequently signed a lease agreement.
The grievor received a letter dated April 8, 1993 in which he was informed that there may be a requirement for him to vacate the Crown house at the end of his next seasonal period. Another letter was received dated May 26, 1994 requesting him to vacate the Crown house on or before July 31, 1994.
The department required the housing for full time staff and on July 31, 1994 rent reductions were ceased for the grievor because in their view he was illegally occupying the residence, having refused to vacate.
The Executive Committee considered and agreed with the report of the Rental of Government Housing Committee in that seasonal employees are deemed to be employees within the definition of the Living Accommodation Charges directive and consequently, there is nothing in the directive that precludes their entitlement to Crown housing.
The Executive Committee further agreed with the report in respect to the review of the grievor's situation in that considering the extenuating circumstances: initial allocation on a first-come first-served basis; the uninterrupted length of occupancy due to operational reasons; the reasons given for the employee's eviction; and the lack of specifics in the rental agreement that the grievor had access to Crown housing for the season only; that the grievor was not treated within the intent of the Living Accommodation Charges directive.
The grievances were upheld.