Leduc v. Canada Customs and Revenue Agency

166-34-30431 (2001 PSSRB 102)

  • Before: J.-P. Tessier
  • Appearances: V. Charette, for the Grievor; K. Chemsi, for the Employer
  • Decision Rendered: 2001-10-09

An application for judicial review before the Federal Court has been dismissed (Court file: 2003-FCT-506).

Subject terms:

Travel Directive – Use of private vehicle – Travel expenses – Parking expenses – Assignment location different from place of work – Concept of itinerant employee – Walking zone – Auditing Group – the grievor was an auditor – the grievor very rarely worked at his place of work because he was an itinerant employee who performed his audits at taxpayers' locations – the grievor had one main client whose place of business was located less than one kilometre from the grievor's workplace and within a "walking zone" established by the employer – at the start of each fiscal year, the grievor received an annual travel authority – the employer ultimately abolished the walking zone – the employer then reimbursed the grievor for an initial series of claims for bus tickets – the employer however refused to pay a second series of claims for expenses related to the use of a private vehicle and parking, which had not be specifically pre-authorized – the grievor argued that his annual travel authority authorized him to use his private vehicle to report to clients' places of business, where he conducted audits – the employer responded that it had the authority to determine the mode of transportation that the grievor could use – the adjudicator found that the annual travel authority did not permit the grievor to use his private vehicle to report to the taxpayers' places of business where he conducted audits.

Grievance denied.