# 2009-014 - Acting While So Employed

Case Summary

F&R Date: 2009–11–30

The grievor, a Captain, submitted a grievance concerning the fact that he had acted in positions at the rank of Major (Maj) during intermittent periods totalling 30 months, and believed he was entitled to financial compensation.

The Director General Compensation and Benefits acted as the initial authority and denied the grievance based on the fact that the grievor did not satisfy all the requirements for acting while so employed (AWSE) promotion, which he deemed was the only avenue to provide the requested financial compensation to the grievor.

The Board agreed that, the only means of compensating the grievor was through the mechanism of acting rank and acknowledged that the grievor did not meet some of the criteria as set out in the applicable policy. The Board noted that, while all members at the rank of Lieutenant-Colonel and below receive compensation for acting at a higher rank as part of their pay package, it was not intended to cover lengthy periods of time, as was the case in this grievance. The Board noted that, as a result of another similar grievance, the Chief of the Defence Staff (CDS) requested, in 2003, that the acting rank policy be reviewed and a report provided to him. However, no apparent action had been taken.

The Board found that, for a portion of the time the grievor had acted in a Maj position, and for which he requested compensation, he did not satisfy the requirement that a grievance must be submitted within a six-month timeframe from the date he knew, or ought reasonably to have known of being aggrieved in accordance with Queen's Regulations and Orders 7.02. The Board further found that, for a period totalling approximately seven and a half months, which fell within the six-month time limitation, the grievor should be retroactively promoted to Maj AWSE and compensated accordingly.

The Board also made a systemic recommendation that the CDS raise the issue of the acting rank policy again with the appropriate authorities with a view to providing a fair and coherent policy for all members.

CDS Decision Summary

CDS Decision Date: 2010–06–17

The CDS agreed with the Board's findings and recommendation to partially uphold the grievance, by waiving the criteria for AWSE, which the grievor did not meet. The CDS was satisfied that the grievor's situation was unique and exceptional, given the time he was required to carry out the duties and responsibilities, during a difficult period.