January 30, 2008
25.4.139
Background
The grievor requested family reunion travel under FSD 51 for his two step children to travel to Canada from an international post to visit their biological father. In addition, the grievor requested to have the minus factor under FSD 51.07 negated for future travel allowance applications during this posting, as it places the employee in a significantly less favourable situation than if he were in the Headquarters Area.
Bargaining Agent Presentation
The bargaining agent representative stated that the comparability principle of the FSDs specifies that ”insofar as is possible and practicable, employees serving abroad should be placed in neither a more nor a less favourable situation than they would be in serving in Canada”. Furthermore, the intent of the directive should be considered rather than the strict consideration of the wording.
The representative described that the grievor's spouse and her ex-spouse were subject to a separation agreement, which specified that the mother is not responsible for visitation costs when living at headquarters. Applying the minus factor renders the grievor responsible for visitation costs, and counters the principle of comparability with the FSDs.
The bargaining agent representative reiterated that by not reimbursing the full cost of the trip, the grievor is placed in a less favourable situation. Bearing the extra cost places a strain on the family unit at post.
Departmental Presentation
The departmental representative explained the department, by applying the minus factor, essentially reduced the overall cost of the trip for the children to visit their father.
In addition, the departmental representative stated the separation agreement in place between the grievor's spouse and her ex-spouse, is a document which does not necessarily override provisions of the FSDs. Firstly, it is between two parties who have no direct ties to the federal public service ( ie they are not employees). Secondly, separation agreements can specify a variety of requirements. The department does not abide to any separation agreements in place involving children and employee parents located at Headquarters. Therefore they need not be applied abroad.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Foreign Service Directives Committee which concluded that the employee had been treated within the intent of FSD 51.07. The intent of the directive recognizes employee and employer responsibility with respect to family reunion travel. It is the responsibility of the employer to reimburse the employee for those additional costs for family reunion travel which results from an assignment outside Canada. The terms of a separation agreement reflect parental responsibility, not employer responsibility. As such, the grievance was denied.