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Unexpected Costs Of Employee Relocation

Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer's duties towards employees in the event of employee transfers.

In that case, the court reviewed a decision of the Federal Public Service Labour Relations and Employment Board in which the board determined that a government employee who had requested a transfer for personal reasons was owed relocation expenses pursuant to a collective agreement directive. The directive included a compensation provision which read, in part:

12.1.2 An employee-requested transfer that results in an authorized relocation to a position at the appropriate group and level which is vacant on arrival at the new place of duty shall be deemed to be an employer-requested relocation subject to the following:

(a) The relocated employee shall be reimbursed relocation expenses within the limits prescribed in this Directive, unless the deputy head or senior delegated officer provides written certific...

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