February 17, 2010
21.4.978
Background
The employee grieved the department's refusal to reimburse the full amount for a meal purchased while on travel status. The employee was in a remote area with only one suitable restaurant in which the lunch special exceeded the meal allowance. The employee requested reimbursement of actual and reasonable costs incurred as per section 3.3.9 of the Travel Directive.
Bargaining Agent Presentation
The Bargaining Agent representative submitted that the grievor is entitled to reimbursement of the actual cost of his lunch, i.e. $18.01.
The Bargaining Agent representative submitted that the higher meal cost was incurred in a situation outside of the grievor's control. The grievor had lunch at the only place to eat in the area. Taking into consideration the cost and nutritional value of all the items on both the lunch and dinner menu, the grievor's selection of the "lunch special" was the more appropriate choice.
Departmental Presentation
The Departmental representative submitted that the menu confirms that the grievor could have chosen a reasonable meal, other than the lunch special, that would have been within the meal allowance specified in Appendix C of the Travel Directive.
The Departmental representative is of the view that the circumstances described by the employee do not reflect a situation outside of the grievor's control, but rather a personal choice to have the lunch special.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that the employee had not been treated within the intent of the Travel Directive as per section 3.3.9 and the guiding principles. It was agreed that the situation was outside the grievor's control in a remote area with no other adequate food establishments available in the location. It was deemed that the $18.01 expense claimed was actual and reasonable and supported by a receipt. As such the grievance was upheld.