# 2019-300 Careers, Period of Retention

Case Summary

F&R Date: 2021–01–26

The grievor felt aggrieved by a posting which caused her to be by-passed for promotion, and which—she was told—could cause the early termination of her period of retention (POR). The grievor was serving a POR prior to being released due to medical employment limitations (MEL), but merited promotion and expected to be promoted within her current unit. Instead, she was posted to a new location at her current rank, in order to accompany her service spouse. 

The Initial Authority accepted that the grievor had merited promotion, but noted that there were no vacant positions at that rank at her new place of duty. Consequently, the promotion by-pass was a necessary compromise to ensure the grievor remained co-located with her service spouse.

The Committee found that the grievor was aggrieved by the posting decision, including the proposed POR reduction, because it reflected no consideration of the grievor's upcoming promotion or MEL, and did not undergo appropriate administrative review. The Committee noted that (1) the Director Military Careers is the approval authority for posting Regular Force members with MEL, and (2) the Director Military Careers Administration retained the authority to amend the grievor's release date, but that there was no indication that either approval authority had been consulted. 

The Committee did not recommend any remedy because the grievor was promoted in accordance with applicable policy following the promotion by-pass, and because she had confirmed that her POR is not being reduced.  

FA Decision Summary

The Acting Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.