December 1, 1994
25.4.105
The grievor sought not to be responsible for the alleged damage to accommodation and requested the reimbursement of any amount that had been recovered from salary.
The bargaining agent took the position that the grievor has not been treated within the intent of the Directive as the alleged damage to the SO and grounds was beyond the reasonable control of the employee.
The department took the position that the damage was within the control of the grievor. The representative informed the members that when conducting a damage inspection, it is normal practice for the property manager to go around the premises, not necessarily to point out what the occupant will be charged for, but simply to note the damages. A report is then completed and reviewed by both parties.
The representative confirmed that in this particular case a copy of such a report was not available as the damage was reported verbally by the Property Manager.
The Executive Committee considered and agreed with the report of the Foreign Service Directives Committee in that, as the department had not been able to provide the appropriate documentation to support its case, it was agreed that the grievor was not treated within the intent of the Foreign Service Directive 25.
The grievance was upheld.