# 2020-163 Careers, Acting While So Employed, Promotion

Case Summary

F&R Date: 2021–02–19

The grievor argued that she had been posted to a Warrant Officer (WO) position in July 2019 and had fulfilled the duties of the position for more than 90 days. She therefore requested that she be granted an Acting While so Employed (AWSE) promotion to WO for the period she occupied the position.

The Initial Authority did not render a clear decision on the grievance but stated that he would direct an Administrative Review (AR) of the grievor's case. The AR subsequently determined that the grievor had proceeded on sick leave and then a Return to Work program after being posted to the WO position and had not fulfilled the duties of the position for more than 90 days. Consequently, the AR determined that she was not eligible for an AWSE promotion.

The Committee found that the grievor did not meet the criteria for an AWSE promotion as she had not fulfilled the duties of a WO for more than 90 days. Notwithstanding this, the Committee noted that the grievor had ranked first for promotion to WO in 2019 and that there had been 38 promotions to that rank in the grievor's occupation. She had not been promoted to WO or Acting Lacking WO (AL/WO) because she was missing more than one qualification and was therefore ineligible pursuant to Annex C to Canadian Forces Administrative Order (CFAO) 49-4. However, the Committee noted that Canadian Forces General Message 012/17 superseded parts of CFAO 49-4 and delinked medical fitness from promotion. The new direction was that members who merited promotion could be granted an AL promotion even if they were missing more than one qualification due to medical reasons. As this was the grievor's case, the Committee found that she should have been promoted to AL/WO in July 2019 when she was posted to the WO position. The Committee therefore recommended that the Final Authority (FA) afford the grievor redress.  

FA Decision Summary

The Director Canadian Forces Grievance Authority, acting as FA, concurred with the Committee's findings but disagreed on the manner of implementing the Committee's recommendation. The FA directed that the grievor be promoted AL/WO from 19 June 2019, rather than from 3 July 2019 (her posting date, and the promotion date sought by the grievor) because CANFORGEN 146/17 provides that acting rank shall be granted 14 days prior to the change of strength date.

The FA recommended that Director General Military Careers consider publishing a Defence Administrative Orders and Directives (DAOD) on promotion policy to prevent future errors.