November 7, 2018
25.4.172
Background
In July 2014, the grievor was working in City A, Country F, then cross-posted to City B, Country G beginning September 2014. Prior to going to the new post, the grievor’s spouse decided not to accompany the grievor to City B and returned to Canada. Therefore, upon arrival at the new post, the grievor was authorized a waiver of shelter cost pursuant to FSD 18 – Special Family Separation Assistance (section 18.4 – Waiver of Shelter Cost). On October 27, 2014, the grievor informed his FSD Advisor that they were having marital problems. Shortly thereafter, the grievor informed the Advisor that they were now separated. As a result, on November 6, 2014, the Department indicated that the waiver of shelter costs would cease due to the separation. Following this decision, the grievor had requested a 3 month extension to the waiver of shelter cost and this was denied on December 19, 2014, as the provisions of FSD 18 were no longer applicable.
On May 17, 2017 (3 years later), the bargaining agent representative filed a Request for Interpretation to the NJC in regards to FSD 18 – Special Family Separation Assistance, Waiver of Shelter Cost. The NJC responded on June 19, 2017, indicating that the issues raised and the facts as presented would be more appropriately addressed through the grievance process. Following receipt of which, the bargaining agent representative filed the subject grievance on August 3, 2017.
Grievance
The employee grieved the refusal by Department X to authorize a waiver of shelter cost for the period of November 1, 2014, to June 30, 2015, pursuant to FSD 18.2 Waiver of Shelter Cost. A waiver had previously been authorized for that period, but subsequently rescinded.
Executive Committee Decision
The Executive Committee considered the circumstances and arguments with respect to timeliness concerning this grievance and agreed the matter is untimely. As such the grievance is denied.