# 2017-124 Careers, Providing Notice of Release to Senior Canadian Armed Forces Members, Succession Planning

Case summary

F&R Date: 2018-06-29

The grievor, a Chief Petty Officer First Class (CPO1), grieved that he was not afforded procedural fairness during the Administrative Review (AR) process regarding his further service. He noted that the Chief of the Defence Staff (CDS) intent is that all CPO1/Chief Warrant Officers (CWO) not recommended for further service will be provided with a minimum of one year's notice in accordance with Canadian Forces General Message (CANFORGEN) 168/12 - CPO1/CWO Succession Management. Although the grievor received a letter from the Chief Military Personnel, congratulating him on his upcoming retirement, the letter provided no specific date.

The Director General Military Careers, acting as the Initial Authority (IA), confirmed that no AR was initiated to determine the grievor's release date. The IA stated that the grievor had been given more than 17 months notice of his release. The IA denied the grievance.

The Committee found that no AR, as contemplated by Defence Administrative Order and Directive 5019-2 - Administrative Review, occurred with respect to the grievor's release and that no AR was required. Therefore, the Committee found that no breach of procedural fairness had occurred.

The Committee recommended that the grievance be denied.

The Committee recommended that the Director Senior Appointments adopt a practice by which notices of release dates issued to senior Canadian Armed Forces (CAF) members are clearly given in writing, by the release authority, in documents whose primary purpose is the conveyance of that information and distinct from documents whose primary purpose is to thank members for their service or congratulate them on their retirement.

FA decision summary

The CDS agreed with the Committee's findings and recommendation that the grievance be denied. The CDS agreed with the Committee's systemic recommendation that a practice by which notice of release dates issued to senior CAF members be clearly given in writing. To that end, he directed Director General Military Careers to adopt the policy of informing CPO1s and CWOs, in writing, including the date and reason of release, and a minimum of one year's advanced notice of an impending release.