October 11, 2018
27.4.125
Background
The grievors work in City A, Province X and are in receipt of Vacation Travel Assistance (VTA), in accordance with the Isolated Posts and Government Housing Directive. VTA is provided to employees to assist their dependants and themselves in travelling away from the isolated post. Employees assigned to an isolated post with an Environment Allowance (EA) classification of 1, 2 or 3 receive one VTA payment per fiscal year. Employees assigned to an isolated post with an EA classification of 4 or 5 receive two VTA payments per year (April to September and October to March).
Effective December 1, 2011, the EA classification for City A decreased from an EA level 4 to an EA level 3. On February 6, 2012, TBS issued a Communiqué advising of the recent updates to the EA. This Communiqué was forwarded to the grievors by the Department via an email dated March 20, 2012.
The grievors claimed and received two VTA payments in the period from April 1, 2012 to March 2013. The Department subsequently determined the grievors were not entitled to a second payment and advised them on September 17, 2012, of the intent to recover these funds.
Grievance
The grievors are grieving the Employer’s request that they return the second Vacation Travel Assistance payment.
Executive Committee Decision
The Executive Committee considered the circumstances and arguments with respect to timeliness concerning this grievance and agreed the matter is timely. It also considered the merits of the grievance, and agreed that the grievors were treated within the intent of the Isolated Posts and Government Housing Directive since following the change to the Environment Allowance classification for the location, they were only eligible to receive a single VTA payment per fiscal year. As such the grievance is denied.
The Executive Committee also noted that the discretion to recover debts owing to the Crown rests with the Department, per the Financial Administration Act.