FSD 2 - Declaration

The grievor sought the designation of a companion as a spouse for the purposes of the Foreign Service Directives.

The employee and companion have informally co-habited since February 1988, and have formally lived together from June 1988 until the grievor was posted in September 1988. They subsequently continued to represent themselves as husband and wife although they were living separately until a visit abroad from January to March 1989. After this period they again lived separately until the grievor visited Canada in July-August 1989. In August 1989, the grievor and companion completed the Declaration of Spouse for purposes of the FSDs. In the Declaration the parties declared themselves to have assumed marital duties and obligations for a continuous period of over a year (i.e. since February 1988). The department denied the request on the basis of the grievor's having not physically resided with the companion for a continuous period of one year.

The Administrative Committee considered the report of the Foreign Service Directives Committee. The Administrative Committee agreed, with those members of the Foreign Service Directives Committee who advised that given the circumstances of the case the grievor had not been treated within the intent of the directives.

The grievance was upheld.