# 2020-119 Careers, Class B Reserve Service

Case summary

F&R Date: 2021-08-03

The grievor re-enrolled in the Reserve Force (Res F) in order to accompany his spouse on an outside of Canada (OUTCAN) posting. According to the grievor, prior to re-enrollment, he was promised Res F employment at the OUTCAN location upon his arrival. He also disputed that his eventual entry into the position was delayed due to it being posted on the Reserve Employment Opportunities (REO) portal for competition. As such, the grievor argues that he was aggrieved by the months-long delay in offering him Res F service after he arrived at the OUTCAN location. As redress, he requested Class “C” employment and retroactive pay to the date of his arrival.

The Initial Authority was unable to render a decision within the prescribed time limit and the grievor did not grant an extension. 

The Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04 requires a written offer and acceptance of a Statement of Understanding (SOU) in order to constitute an offer of Reserve Service. The Committee also noted that the CF Mil Pers Instr 20/04 requires form CF 899 to be issued before Class “B” service can commence. As there was neither a SOU nor a CF 899 in the grievor's case, the Committee found that there was no formal offer of Class “B” service commencing upon his arrival at the OUTCAN location.  

The Committee noted that the CF Mil Pers Instr 20/04 allows an exemption to advertising on the REO portal when the position is part of an individual's authorized career plan. However, since there was no evidence that the grievor had an authorized career plan allowing for his direct appointment to the position, the Committee found that using the REO process to fill the position was compliant with the CF Mil Pers Instr 20/04.  

The Committee recommended that the Final Authority (FA) not afford redress. 

FA decision summary

The Director Canadian Forces Grievance Authority, the FA, agreed with the Committee's recommendation to deny the grievance on the basis that there was no formal offer of service presented prior to the grievor's arrival at the new post. The FA also noted that the grievor was provided with Class “A” Reserve Force service until the creation of a Class “B” position.