Canadian Treasury Board Secretariat Relocation

[diddyk]

Hello,

I am a previous employee of the Canadian Federal Government. In 2009, I was relocated from Ottawa to Toronto and given relocation assistance. In 2010, the relocation type was reclassified from Employer Requested to Employee Requested. Essentially this changes the amount of relocation assistance from reimbursement of costs to an amount capped at $5,000. This does not seem appropriate to me as my relocation met the requirements of Employer Requested relocation. (I filled a vacant position in Toronto that would have been posted in the normal manner.)

A case was prepared on my behalf by the department as to why the relocation should be employer requested and not employee requested. I was not able to assist in or view this case submitted to the Treasury Board Secretariat. The case was rejected, and I was forced to repay an amount to the government for the relocation. Now, 2 years after the reclassification, and 2.5 years after the initial relocation, my employer is coming back at me again stating I owe further money for the cost of relocation of my household goods and effects.

The amount they are now trying to have me repay is for the moving of my household goods and effects. The service was provided by a government organization, the Central Removal Service. Had I known of the cap on relocation prior to moving and not 6 months after the fact I would have chosen a different mover as the cost of moving my goods through another provider would have been much lower.

Do I have any legal ground to take this to small claims and have the second request dropped, and possibly the initial repayment returned? I still don't agree with the initial reclassification and have not seen the case prepared on my behalf.

[AFFA]

I wish to inform you that you give a written notice to your office in the matter. You may explain the situation in the matter. If the office does not resolve the matter, you may file a lawsuit in the Small Claims Court. The burden of proof will be on you to prove the claims made by you. You may file the lawsuit through an attorney or you may self represent in the matter. The court will consider all the facts and decide the matter.

AFF

[elvinsalex]

Hi Diddyk! I think its better to file a lawsuit in the small claims court. Let me know have you submitted a written notice to your office in this matter? Looking forward to your response, thanks.

[diddyk]

My union has suddenly decided they are going to involve themselves again. The union rep met with my manager and the labour relations advisor of the department. In the summary email I received from the union rep:

"The department acknowledged that the mistake was made at the regional level in terms of treating this as an employer requested transfer and not an employee requested transfer. I informed them that when an error occurs and it is an error made by the department and not the employee, then the department has the discretion to absorb the cost."

I would like to take them to small claims court to receive the funds I already paid back and have them drop this second request for funds. Is the admission of error/guilt enough to take this to court? I wasn't present for this and can only go on what my union rep told me.

What would I have to do to take them to court and what can I expect that would be required of me?

[diddyk]

My union tells me small claims is not an option as I was unionized at the time. Can anyone confirm this or explain to me why that's a false statement?