# 2021-005 Careers, Promotion Date - Maternity Leave

Case Summary

F&R Date: 2021-04-22

The grievor contended that she had been by-passed for promotion due to her pregnancy and/or her intent to proceed with maternity/parental leave (MATA/PATA). The Initial Authority rejected the grievance. There  was no information about the Canadian Armed Forces’ (CAF) position on that file.

The Committee noted that in previous grievances of this type, the Chief of the Defence Staff had agreed with the Committee, stating that delaying a promotion due to pregnancy or MATA/PATA would amount to pregnancy-related discrimination under the Canadian Human Rights Act.  The Committee acknowledged that it is within the purview of the CAF to promote members out of sequence in order to meet service requirements. However, in this case, the grievor was ranked 3rd for promotion and four members ranked lower than her had been promoted. Additionally, the Career Manager had not responded to the grievor’s queries nor documented any explanation as to why the grievor had been by-passed for promotion. Given the absence of any evidence of a bona fide operational requirement to withhold the grievor's promotion, the Committee concluded that her promotion had likely been delayed due to her pregnancy. Consequently, the Committee recommended that the grievor's promotion be backdated to the date the other individual, ranked 4th for promotion, was promoted.

FA Decision Summary  

The Director Canadian Forces Grievance Authority, acting as the Final Authority, agreed with the Committee that there was an apparent reluctance to post the grievor into a position at the higher rank and directed that the grievor be promoted on the same date as a lower-ranking member on the merit list.