Foreign Service Directives – Post Differential Allowance

Background

The employees grieved the Employer's refusal to provide a Post Differential Allowance despite all other public servants on assignment in Country A being in receipt of the allowance. The employees also grieved the Employer's failure to provide the necessary documentation for the receipt of the Overseas Employment Tax credit.

Executive Committee Decision

The Executive Committee considered the issue of timeliness and agreed that the grievances were presented outside of the specified time frames and hence, deemed untimely.

The Executive Committee also considered the information provided in this case and agreed that the employees were not entitled to the Post Differential Allowance. The allowance that the grievors received from the United Nations is greater than the combined FSD 55 and FSD 58 Allowances. As such, the grievors were treated more favourably than an employee serving overseas under the FSDs.

Finally, the Committee considered the issue of jurisdiction regarding the receipt of the Overseas Employment Tax Credit. The Executive Committee agreed that as this issue is not addressed by the Foreign Service Directives, but rather by the Canada Revenue Agency, the NJC does not have jurisdiction over this matter. As such, this portion of the grievances is dismissed for lack of jurisdiction. Moreover, the grievances are deemed untimely and dismissed based on the merits of the case.