March 29, 2000

25.4.126

The Executive Committee considered a grievance with regard to Same-Sex Dependant.

The Executive Committee noted that the interpretation of the Foreign Service Directives (FSDs) had been changed on April 10, 1997, as a result of a decision by the Human Rights Tribunal on the issue of benefits to be provided to same-sex couples and in particular on the approach to be taken in granting the benefits.

This decision relates to the interpretation of the definition of common-law spouse as found in collective agreements, Foreign Service Directives, National Joint Council Agreements, the Public Service Health Care and Dental Care Plans, and orders the Employer to interpret the definition as if the words "of the opposite sex" were not included. In a memorandum to Directors of Personnel dated July 10, 1997, the Employer directed them to comply with that interpretation.

In light of the foregoing, the Executive Committee agreed in this case, that the grievor had not been treated within the intent of the Foreign Service Directives.

The grievance was upheld.