# 2021-277 Pay and Benefits, Acting While So Employed

Case summary

F&R Date: 2022-08-10

The grievor grieved the omission of his chain of command (CoC) to request an Acting While So Employed (AWSE) promotion for him while he carried out the full spectrum of duties and responsibilities of a higher ranked for 15 months.

The Initial Authority (IA) granted partial redress. The IA stated that no AWSE administrative review was conducted for the grievor but that this process was necessary in order to determine if the grievor met the criteria for an AWSE promotion. As such, the IA instructed the Director of Military Careers (D Mil C) to carry out an AWSE review for the period identified in the grievance.

The Committee found that the grievor performed the full spectrum of duties and responsibilities of the higher-ranked position and that he demonstrated superior capacity and leadership while acting in the position but was not compensated for it. The Committee noted that the grievor's CoC did not formally submit a recommendation to D Mil C and an administrative review was never initiated, even though the grievor continued to assume the duties of the higher-rank position. The Committee noted that the AWSE was denied because the grievor did not meet all the promotion criteria.

The Committee recommended that the Chief of the Defence Staff exercise his power to waive a specific promotion requirement under article 11.02(2) of the Queen's Regulations and Orders for the Canadian Forces in order to authorize the grievor to obtain the AWSE promotion for the relevant period of time. The Committee also recommended that the AWSE promotion be reflected in the grievor's Personnel Evaluation Report for the associated period and considered as applicable by any selection board.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation to grant the grievor redress.