November 27, 2019
21.4.1123
Background
The grievor is working for Department X. From September 28 to October 8, 2017, the grievor was on travel status in City A, Province F for government business. The grievor stayed at a hotel where continental breakfast was provided.
On September 27, 2017, the grievor sent an email to their supervisor requesting to be paid the breakfast allowance for each of the days the grievor was in City A as their eating habits do not conform to the meal provided by the hotel. The grievor noted that they do not eat breakfast the moment they wake up, but instead eats many meals throughout the day. The grievor also indicated that the meal provided does not reflect the quality or standard of what the grievor eats when not required to travel. The following day, on September 28, 2017, the supervisor denied the request. On October 11, 2017, the grievor submitted a travel claim which included the breakfast allowance for the days in question. On October 12, 2017, following management’s decision to formally deny the breakfast allowances, the grievor submitted a grievance.
Grievance
The employee is grieving the Employer’s denial of breakfast meal allowances from September 28 to October 8, 2017.
Bargaining Agent Presentation
The Bargaining Agent representative is of the opinion that the grievor was not treated within the intent of the Travel Directive. Although a breakfast was provided by the hotel, the Bargaining Agent representative argued that as the grievor worked multiple double shifts, leaving only 7 hours to sleep, eat and dress for the following shift, it is unreasonable for the Employer to expect the grievor to cut their sleep time to avoid having to reimburse the breakfast allowance or the amount incurred based upon receipts to supplement breakfast.
The Bargaining Agent representative referred to subsection 3.2.9 (correct reference should be 3.3.9) of the Directive which states: “A meal allowance shall not be paid to a traveller with respect to a meal that is provided. Where a traveller has incurred out-of-pocket expenses to supplement meals provided, the actual incurred costs, excluding costs for alcohol, shall be reimbursed, based on receipts, up to the applicable meal allowance”. As the grievor incurred costs to supplement the meals provided, in this case breakfasts, the Bargaining Agent representative argued that in accordance with subsection 3.2.9 (3.3.9), the actual incurred costs should be reimbursed based upon receipts, up to the applicable meal allowance. The Bargaining Agent representative emphasized the fact that subsection 3.2.9 (3.3.9) uses the word “shall” and not “may”, meaning that if the conditions of 3.2.9 (3.3.9) are met, the Employer must reimburse the receipted amounts.
On July 22, 2019, the grievor submitted receipts to the Employer for the out-of-pocket expenses incurred. The Bargaining Agent representative noted that the Employer refused to reimburse the amounts given that the receipts were not daily receipts.
In light of the above, the Bargaining Agent representative requested that the grievance be allowed and that the daily breakfast allowance be reimbursed for all days on which the grievor was required to work a double-shift. It was noted that if the Committee did not agree with the reimbursement of the breakfast allowances, that the receipted amounts be reimbursed.
Departmental Presentation
The Departmental representative is of the opinion that the grievor was treated within the intent of the Directive as it was the grievor’s personal choice not to consume the breakfast offered by the hotel where the grievor was staying. The Departmental representative noted that the Employer would have reimbursed the grievor had they produced receipts for the meals, but that no receipts were submitted at the time of the travel claim or at the first or second level grievance hearing. Receipts were only received by the Department on July 22, 2019 and the said receipts were of poor quality and some portions illegible.
The Departmental representative referred the Committee to past precedent cases including: 21.4.1034, 21.4.975 & 976 and 21.4.946. Given the circumstances and the past precedent, the Departmental representative requested that the grievance be denied.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded the grievor had not been treated within the intent of the Travel Directive to the extent that receipts are deemed acceptable in this case. It was noted that the quality of the receipts submitted is questionable. Consequently, the Executive Committee is of the view the parties should review the receipts and identify the out-of-pocket expenses for breakfast incurred in accordance with subsection 3.3.9 of the Directive. In future, as the quality of receipts can degrade over time, it is strongly recommended that receipts be provided at the time a travel claim is submitted. As such, the grievance is upheld to the extent noted.