Meal Allowances

The grievor sought reimburse­ment of expenses for meals while in temporary accommoda­tion in Ottawa.

The grievor had claimed under provisional guidelines issued by the department prior to the amended Foreign Service Directives being promulgated.

The Administrative Committee considered and agreed with the report of the Foreign Service Directives Committee in that the grievor grieved the application of Directive 15.33 (Living Expenses in Temporary Accommodation) on the basis of provisional guidelines issued by the Department of External Affairs. Section .7.3 of the NJC By-Laws specifies that grievances submitted under the NJC Redress Procedure shall be resolved on the basis of the original directive, regulation or policy developed and adopted in NJC consultation, and not on the basis of departmental versions of such documents. The 1982 Foreign Service Directives clarified temporary accommodation provisions by specifying that an employee could claim the full daily meal rate for two days at the old place of duty. There is no authority to pay the full rate for periods in self-contained commercial accommodation beyond two days notwithstanding the error in the provisional guidelines.

The Administrative Committee agreed that the intent of Directive 15.33, Living Expenses in Temporary Accommodation, would be met by adjusting the grievors travel claim from 80% of the daily meal rate to the full daily meal rate for two days white in temporary self-contained commercial accommodation in Ottawa.

To the extent that the above satisfied the corrective action sought, the grievance was upheld.