November 2, 2012
21.4.1036
Background
The employee grieved the Employer's decision not to provide the full dinner meal allowance while attending a training session at a government facility where dinners were provided.
Bargaining Agent Presentation
The Bargaining Agent representative explained that the grievor took part in a three-day training program at a Regional Staff College. The training sessions took place from 8:30 a.m. to 4:30 p.m. During training, the grievor resided at the College. It was noted that the grievor's Travel Authority and Advance form, approved prior to departure, included $240 for meals and incidentals. While at the College, the grievor did not consume the two dinners provided instead cancelling the meals with sufficient advance notice to avoid incurring any cost to the Department.
Following training, the grievor submitted a travel claim in the amount of $499.30 which included the dinner rate meal allowance ($39.85) for the two evenings the grievor chose not to eat at the College. The Department reimbursed the grievor $456.29 for a difference of $43.10. The Department stated that it could only reimburse the amount it would have paid to the College had the grievor dinned there ($18.30 x 2). Since the initial filing of the grievance the Department has revised its position and informed the grievor that reimbursement must be made of the partial meal allowance paid in the amount of $36.60.
The Bargaining Agent representative submitted that by denying the grievor the option of taking a meal at the place of his/her choosing during personal time the Department is essentially holding the grievor captive. To do so is neither healthy nor conducive to the well-being of staff.
Furthermore, the NJC Travel Directive provides for the reimbursement of out of pocket expenses to supplement meals provided up to the applicable meal allowance. It was indicated that the meal choices at the College were not in line with the principle of "travel industry trends and realities".
Likewise, the College is isolated from the city centre where employees must go to enjoy their off-hours. It was therefore submitted that this constitutes an exceptional circumstance. The representative suggested that as the grievor was required to reside at the College and had completed the hours of work the grievor should have been afforded the discretion to leave the workplace and be reimbursed the dinner meal allowance for meals purchased away from the workplace. Such a reimbursement is in line with the five principles on which the Directive is based: trust; flexibility; valuing people; transparency and modern travel practices.
Departmental Presentation
The Departmental representative referenced section 3.3.9 of Directive: "A meal allowance shall not be paid to a traveller with respect to a meal that is provided. In exceptional situations where a traveller has incurred out of pocket expenses to supplement meals provided, the actual incurred costs may be reimbursed, based on receipts, up to the applicable meal allowance."
The Directive precludes the payment of the meal allowance for the dinners in question as meals were provided to the grievor. The grievor did not seek prior approval to supplement the meals provided, offer an explanation regarding exceptional circumstances that would warrant the provision of a meal allowance nor did the grievor provide any receipts for meals.
The Travel Authority and Advance form presented by the Bargaining Agent representative was not signed by management and as such cannot be considered to have been approved.
The Departmental representative also explained that management issued memos on July 22, 2003 and February 8, 2010 outlining that a meal allowance would not be paid when a meal is provided. It was noted that the meal provided at the College consists of one of two hot meals, salad or soup, dessert and two beverages. The Department could not confirm whether it had been billed the cost of the meals not taken.
The Departmental representative stated that at the time the grievor's claim was processed, a new employee erroneously issued a partial payment of the dinner meal allowance in the amount of $36.60. However, in accordance with the provisions of the Directive, the grievor should not have received any payment as a meal was provided. As such the Department has informed the grievor of the requirement to repay the monies owed.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that the grievor had been treated within the intent of the NJC Travel Directive as section 3.3.9 of the Directive precludes payment of a meal allowance when a meal is provided. The Committee noted that the grievor did not demonstrate any exceptional situation that would have warranted the payment of an allowance nor did the grievor provide any receipts for out of pocket expenses incurred as required by the Directive. As such, the grievance was denied.