February 27, 2013
21.4.1034
Background
The employees are grieving the Employer's decision to deny reimbursement of breakfast expenses despite the submission of receipts for their meals.
Bargaining Agent Presentation
The Bargaining Agent representative explained that while on training in City A the grievors generally had the continental breakfast provided by their respective hotels. However, on a few occasions they ate breakfast elsewhere due to the length of their stay. Each of the grievors provided receipts for the instances in question with the exception of one who provided an affidavit, as required by the Travel Directive.
The representative submits that the meals taken outside the hotel were reasonable and hardly constitute an abuse of the system. It was noted that jurisprudence suggests that the grievors should be reimbursed as receipts were provided.
The representative therefore asked that the grievances be upheld and that clarity be provided with respect to section 3.3.9 of the Directive.
Departmental Presentation
The Departmental representative indicated that the grievors were aware, prior to their departure, of both the choice of hotel and the inclusion of a continental breakfast consisting of a cold buffet yet did not express any concerns regarding the suitability of the meal provided. Instead, they broached the issue with management upon their return via their travel claims which requested the reimbursement of the cost of breakfasts consumed outside the hotel.
The representative noted that section 3.3.9 of the Directive stipulates that: "A meal allowance shall not be paid to a traveller with respect to a meal that is provided. In exceptional situations where a traveller has incurred out of pocket expenses to supplement meals provided, the actual incurred costs may be reimbursed, based on receipts, up to the applicable meal allowance."
Accordingly, the Department has identified specific exceptional situations under which a reimbursement for a supplementary meal may be provided. They are for health reasons (diabetes, allergies, restrictive diet) or instances where the meal provided is limited, for instance a continental breakfast consisting only of a coffee and a muffin. In the situations outlined an employee may choose to consume a meal other than that provided a reasonable written explanation and a detailed receipt are supplied. The representative noted that a departmental interpretation of the Directive was communicated to all employees in the Quebec region by email on February 14, 2011 and that the grievors received the email in question prior to their departure.
The representative submitted that as the grievors have not provided written explanations outlining why the meals provided were insufficient nor have they demonstrated any exceptional situation that would have entitled them to supplement their breakfasts they are not entitled to reimbursement. Furthermore, the grievors have the responsibility to consider their personal preferences during their travel preparations and inform their immediate supervisor of all concerns prior to their departure. For these reasons, the Department requested that the grievances be denied.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Travel Committee which concluded that the grievors were not treated within the intent of section 3.3.9 of the NJC Travel Directive given the circumstances of the grievances and as receipts were provided. As such, the grievance was upheld.