# 2013-083 - Accommodation, Administrative Review, Disclosure, Medical Employment Limitation (MEL), Release - Medical

Case Summary

F&R Date: 2013–11–29

The grievor had remained in location for two consecutive one-year compassionate postings before the Director Military Careers issued a message posting him to another city. Just prior to his posting, the grievor was assigned permanent medical employment limitations due to a chronic medical condition. An advisory message was subsequently issued stating that an Administrative Review/Medical employment Limitation (AR/MEL) file had been opened by the Director Military Careers Administration (DMCA).

The advisory message indicated that “members who wish a decision be made quickly may submit a memo to DMCA 3-2 via their [chain of command], clearly indicating that they do not wish to be offered a period of retention and waive their right to the disclosure process”. The grievor did not wish to be posted to a different city and so his Commanding Officer placed a telephone call to the Career Manager (CM) to discuss the implication of the advisory message with respect to the posting. The CM indicated that there would be no change to the posting until he received a release date. The grievor subsequently acknowledged that his permanent medical category breached the requirements of Universality of Service, indicated that he did not wish to be offered a period of retention, and asked DMCA to expedite his release decision, waiving his rights to the disclosure process.

Consequently, a decision was rendered to release the grievor under item 3(b) to the Table to the Queen's Regulations and Orders for the Canadian Forces (QR&O) article 15.01, and the grievor's posting was cancelled.

The grievor complained that he was coerced into waiving his disclosure and any consideration for a period of retention in order to have his posting cancelled. He also argued that once the AR/MEL started, there should have been no more consideration of posting him.

The Initial Authority, the Director General Military Careers, concluded that the grievor could no longer be extended in his present employment and that service needs dictated his posting. He also noted that the AR/MEL does not preclude a posting. He determined that the grievor made an informed decision when he waived his rights to disclosure and retention, and he found no evidence of coercion.

The Committee could find nothing in the materials of the grievance that could reasonably be said to amount to evidence of coercion. The Committee noted that the grievor did not wish to be posted while he waited for his release and found that in order to ensure that he was not posted he waived his right to the AR/MEL disclosure process and to consideration for a period of retention in compliance with the relevant policy.

The Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2014–04–30

The CDS agrees with the Committee's findings and recommendations that the grievance be denied.