# 2021-241 Careers, Promotion

Case summary

F&R Date: 2022-08-09

The grievor disputes the denial of his promotion because of Medical Employment Limitations (MEL). The grievor contends that the intent of Canadian Forces general message (CANFORGEN) 012/17 was to “de-link” all promotions from medical conditions, and he argues that deeming Canadian Armed Forces (CAF) members with restrictive MEL ineligible for promotion will deter them from seeking medical and/or mental health assistance. 

The Director General Military Careers (DGMC), acting as the Initial Authority (IA), denied the grievance. The IA found that because the grievor was not able to assume the full scope of duties and responsibilities at the next rank, the grievor was not employable at the next rank and so could not be promoted.

The Committee found that the "de-linking" of promotions from medical conditions in CANFORGEN 012/17 remained subject to the needs of the service which the Committee equated to the military requirement to fill vacancies in established positions. The Committee concluded that although the CANFORGEN 012/17 places some obligation on the CAF to accommodate medical conditions, the member must still be employable in a manner that satisfies the needs of the service. The Committee found that CANFORGEN 012/17 only permits promotions where, with reasonable and appropriate accommodation, the member is able to fill a vacant position at the next rank level and provide an acceptable level of service. The grievor's MEL were very restrictive and resulted in a posting to the Transition Center. Regrettably, the Committee concluded that the grievor was unable to provide an acceptable level of service in an established position at the next rank and could not be promoted. The Committee recommended that the Final Authority (FA) not afford redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.