December 1, 1981
25.4.7
The grievor sought payment of a shelter share rebate and legal fees. The grievor purchased a home while posted abroad.
The property was rented and then became vacant. Following the period of vacancy the grievor resold the home prior to his return to Canada.
The Administrative Committee considered and agreed with the report of the Foreign Service Directives Committee, in that,
(1) the grievor did not qualify for reimbursement of real estate and legal fees as the residence which was sold had not been occupied as the principal residence by the employee or a dependant as defined in Directive 2.01(j);
(2) the grievor was not eligible for a waiver of shelter cost as the directive specifies that it is not the intent of the provision related to waiver of shelter cost to subsidize an employee for loss of rental income.
The grievance was denied.