August 1, 1983
24.4.13
The grievor sought relief from the recovery of overpayment.
The grievor's rent had been incorrectly calculated in the first instance and the recovery was sought to correct the error in the original calculation.
The Administrative Committee considered and agreed with the report of the Rental of Government Housing Committee in that the department should have provided the employee with three months' notice of the increase in question. In this regard, article .4.2 of Chapter 128 of the Administrative Policy Manual is intended to cover not only increases resulting from the normal annual review of charges but also those resulting from administrative errors. The Administrative Committee further agreed with the Rental of Government Housing Committee that in this case the specifics of the Treasury Board policy would supersede the generalities contained in the Financial Administration Act.
It was therefore agreed that the department should refund the excess rental payments made by the employee due to the retroactive implementation of the corrective charge and the lack of three months' notice prior to implementation of the new rate.
The grievance was upheld.