April 26, 2017
25.4.164
Background
The grievor works at Department A and accepted a posting to City A, effective July 7, 2013.
From July 2013 to November 2014, the employee leased a Crown-held accommodation. During this time, the grievor reported a number of deficiencies to the Mission which the grievor deemed to have a significant impact on the SQs liveability. The grievor claimed that the principle of comparability with Ottawa-Gatineau was not applied to the grievor’s circumstances as no action from either the Mission, or the landlord was taken to address the deficiencies. As a result of the deficiencies, the grievor moved to a temporary accommodation from November 2014 until such time the grievor left the post.
During the period of time the grievor spent in temporary accommodation (Nov. 12, 2014 – Jan. 9, 2015), the grievor was compensated, as stated by the Department, for the following expenses: accommodation (hotel), dinner (upon presentation of receipts), bottled water, taxi fees and dog sitting expenses. It was noted that the grievor was not compensated for breakfasts as they were provided by the hotel, or lunches as lunches were a regularly purchased meal by the grievor while living in the grievor’s former permanent accommodation.
Following the submission of additional information during the first level grievance hearing, the Department submitted an Accommodation Deficiency Adjustment (ADA) request to the Committee on Accommodation Deficiencies (COAD), which resulted in the payment of 10% ADA from February 5, 2014 to October 21, 2014 and of 15% from October 22, 2014 to November 12, 2014.
The grievor continues to grieve the refusal of management to approve an ADA for the period from February 2014 to January 9, 2015; the meal allowances not reimbursed while in temporary accommodation and a Shelter Cost Waiver for the period of November 17, 2014 to January 9, 2015, in accordance with Appendix l of FSD 15.
Grievance
The grievor initially grieved: refusal for an ADA between February 2014 and January 2015 and the denial of meal allowances while in temporary accommodation (Nov.4-5, 2014; Nov. 12-17, 2014; Nov. 28, 2014 to Jan. 9, 2015).
Bargaining Agent Presentation
The Bargaining Agent representative indicated that from November 12-17, 2014, the grievor lived in an unsuitable temporary accommodation and could not cook meals during the stay. Management advised the grievor that the grievor was not entitled to any per diems and that the grievor would not be moved. The representative explained that this temporary accommodation did not meet the Employer’s policy for accommodation that is generally comparable to the average full-services rental accommodation normally occupied by a person of similar salary and family configuration in the Ottawa/Gatineau area. As such, the representative maintained that the grievor should have been provided with the daily meal allowance for City A without receipts as well as incidentals.
Furthermore, the Bargaining Agent representative explained that the grievor continued to pay Shelter Cost during the months of November, December, and January 2015, even though the grievor was not housed in an SQ. During this time, the grievor used a combination of temporary accommodation, hotels, friend’s home, in-laws’ home in another city, and periods of leave. The representative submitted that the grievor should have received a Shelter Cost Waiver pursuant to FSD 15, Appendix I for the entire period that the grievor was not occupying an SQ.
The representative further noted that from November 28, 2014 to January 9, 2015, the grievor did not live in a fully functional accommodation. There was not a full kitchen in any of the temporary accommodations in which the grievor lived and the denial of the meal allowances and incidentals contradicts the Employer’s policy as well as FSD 15. As such, it is the position of the Bargaining Agent representative that the grievor’s SQ and temporary accommodation did not meet the Employer’s policy and that the grievor is entitled to the benefits and allowances pursuant to FSD 15, Appendix I for the periods in temporary accommodation.
Departmental Presentation
It is the Departmental representative’s position that the Travel Directive did not apply to the grievor’s time living in a temporary accommodation as the grievor was not on travel status and was not on relocation status for the periods being grieved. The grievor was in self-contained accommodations, meaning that the employee was able to store and prepare food. As such, the representative submitted that the grievor is not eligible to receive meals and incidentals.
The Departmental representative noted that it is Management’s prerogative to determine eligible expenses and that the Department acted within its rights to reimburse certain expenses such as hotel stay, dinners with receipts and other expenses (dog sitter, taxi, bottled water, etc.). These reimbursements are in alignment with the practices of the geographic area.
As for the Shelter Cost Waiver, the representative indicated that the grievor was not in a relocation situation as defined in the Relocation Directive when the grievor moved to a temporary accommodation and as such, the grievor’s request under FSD 15, Appendix I is moot. Furthermore, the representative added that the FSD’s appendices are to provide clarity and support to the FSDs for which they refer to and cannot be interpreted outside of its intent.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Foreign Service Directives Committee which concluded that the grievor was partially treated within the intent of the Directive to the extent that an Accommodation Deficiency Adjustment (ADA) can be considered for the period of February 2014 to November 12, 2014, the period during which the employee occupied the Crown-held accommodation. As such, the request for an ADA will be referred back to the Committee on Accommodation Deficiency for further review. The Committee further agreed that the Meal Allowances requested by the grievor, as well as the Shelter Cost Waiver, are outside the scope of the FSDs. However, the Committee agreed that FSD 15.31, which includes a Shelter Cost Waiver, meals and incidentals, as described in FSD 15 Appendix J, be reviewed for the period of December 24, 2014 onwards when the employee was in temporary accommodation. As such, the grievance is upheld in part.
Finally, the Committee agreed that the way Missions handle temporary accommodation for employees due to operational reasons should be standardized from one Mission to another as currently the practices seem to vary from Mission to Mission. It is requested that the Department work with missions to ensure that there are standard practices in place.