September 4, 2013
25.4.155
Background
The employee, who occupies a substantive position at the AS-06 group and level, arrived in City X on September 13, 2010 for a posting. The employee took up residence in crown-held housing on the same day and received 2 days of shelter waiver. The employee therefore began paying shelter share effective September 15, 2010.
The employee's first day of work was September 14, 2010 which coincided with the first day of the acting assignment at the AS-07 group and level. The Employer calculated the employee's shelter share based on the acting pay, an interpretation which was supported by Working Group B following its review of a case submission. The employee believes that the shelter share should have been based on the substantive pay at the AS-06 group and level when the permanent accommodation was occupied.
Bargaining Agent Presentation
The Bargaining Agent representative indicated that the grievor was not treated within the intent of FSD 25 - Shelter. The grievor moved into staff quarters on September 13, 2010, but the acting assignment only began on September 14, 2010 and as such, the acting pay did not take effect until September 14, 2010. Furthermore, the grievor did not sign the Letter of Offer for the acting position until November 2010. As the department's pay systems are three months behind, the grievor did not receive acting pay, although it was adjusted retroactively to September 14, 2010, until December 2010. As the grievor was not in receipt of acting pay at the time that the move into the staff quarters occurred, it is the Bargaining Agent representative's position that the shelter share cost should be calculated based on the substantive salary until April 1, 2011.
Departmental Presentation
The Departmental representative explained that the department agrees with the fact that the grievor arrived at mission on September 13, 2010 and that the acting assignment started on September 14, 2010; however, the department believes that the grievor only became covered under FSD 25 effective September 15, 2010 as a waiver of shelter cost was received for the first two days while in crown-held accommodation. The department believes there is a direct correlation between FSD 15.31 (Temporary Accommodation Entitlement to/from Post) and FSD 25.11 (Start and End Date of Shelter Cost). As the grievor did not sign the Occupancy agreement until September 15, 2013 and the salary at that time was the acting salary, which took effect the day before, the department believes that the grievor should pay the shelter share cost in accordance with this acting salary. As such, the grievor was treated within the intent of the Directive.
Executive Committee Decision
The Committee agreed that the grievor was not treated within the intent of FSD 25.02. Instruction 1 for FSD 25.02 states: for the purposes of Section 25.02(a), annual salary means the employee's basic rate of pay or acting pay, calculated on an annual basis, that is payable in respect of the regular duties performed by the employee at a Mission, that is actually received by the employee, and reflected in the Pay and Allowance Statement for that month.
As the grievor did not sign the letter of offer until November 2010, and hence the acting pay did not show up in the Pay and Allowance Statement until December, the shelter share cost from September 2010 until April 2011 should be based on the substantive salary. In accordance with the Directives, effective April 1, 2011, the shelter share cost should be revised to reflect the acting salary. As such, the grievance is upheld.
The Committee, however, did agree to discuss this issue in the next cyclical review as it was viewed that employees in acting positions for the entire period of the assignment should be charged shelter cost on that salary as all other allowances are calculated on the acting salary.