# 2012-025 Careers, Promotion

Case Summary

F&R Date: 2012–06–29

After completing his pilot training, the grievor was denied the backdating of his promotion to the rank of Captain (Capt), General Service Officer (GSO), to his enter promotion zone (EPZ) date. He requested that the Chief of the Defence Staff (CDS) backdate his promotion to the rank of Capt since, according to him, his career was poorly managed by the Canadian Forces (CF) and his training was delayed.

The Board had to determine whether the promotion of the grievor to the rank of GSO Capt should have been backdated to his EPZ date and whether his incentive pay category (IPC) should have been adjusted accordingly.

In the past, there was a policy to backdate the promotion of pilots to GSO Capt rank in order to offset the financial disadvantages endured by the pilots who obtained late promotion due to a delay in their training. However, in October 2009, the Directorate of Military Careers issued a directive announcing the end of this policy. Since the grievor obtained his pilot’s Wings in 2010, he was affected by this directive.

The Initial Authority, the Director General Military Careers, concluded that CF did not have the authority to backdate promotions to the GSO Capt rank. The Board noted that the current promotion policy, Canadian Forces Administrative Order (CFAO) 11-6, does not allow the backdating of promotions to the rank of Capt until officers meet the requirements of Military Occupation. However, the Board concluded that according to paragraph 11.02(2) of the Queen’s Regulations and Orders (QR&Os), the CDS had, and still has, in certain cirmstances, the authority to backdate the promotion of an officer to the GSO Capt rank by ordering that the requirement to meet any promotion standards be waived.

An investigation conducted by the Board showed that 80% of the pilots do not obtain their pilot’s Wings within the three years that precede their Capt EPZ date. The Board concluded that, in most cases, the long delays in training pilots was a military issue since the CF is responsible for managing this program. Given that the pilot recruits cannot make or influence the decisions affecting their pilot training, it would be reasonable for the CF to assume responsibility for these timeframes so that the pilot recruit is not personally responsible for this delay. In this particular case, it took the CF five years to advance the grievor’s skills until he obtained his pilot’s Wings.

The Board believed that the practice of backdating the promotion of pilots to GSO Capt rank was, and still is today, necessary because the CF faces a serious and constant problem regarding its ability to provide pilot recruits with prompt training so that they may obtain their pilot’s Wings as soon as possible.

The Board also concluded that the grievor was unfairly treated in terms of lost wages and lost seniority in his rank. Therefore, the Board recommended that the CDS exercise his authority pursuant to paragraph 11.02(2) of QR&Os and grant the grievor a promotion to the GSO Capt rank, backdated to his EPZ date. Finally, the Board concluded that in accordance with paragraph 204.03(5)(c) of the Compensation and Benefits Instructions, the IPC Anniversay Date for the grievor was appropriately established as the date on which he obtained his pilot’s Wings.

In a similar case, the Board submitted two systemic recommendations. The first recommends the revision of CFAO 11-6 to allow pilots whose training has been delayed and who entered the promotion zone of the rank of Capt before they obtained their pilot’s Wings to have their promotion backdated to their EPZ date. The second recommends the review of the cases of all the pilots who obtained their Wings after October 2009 and whose promotion to the GSO Capt rank was not backdated.

CDS Decision Summary

CDS Decision Date: 2014–03–20

The FA is in partial agreement with the Board's findings and recommendation to uphold the grievance. The FA determined that the practice of the Director General Military Careers (DGMC) of granting a promotion to Capt GSO when pilots are not qualified was contrary to the approved policies. The FA therefore disagrees with the Board's recommendation to the CDS to exercise his authority under para. 11.02(c) of the Queen's Regulations and Orders (QR&Os) and to promote the grievor to Capt. According to the current policy, the promotion of pilots to the rank of Lt only occurs when a pilot's wings are obtained and is retroactive to the date of entry to the promotion zone: the FA is of the view that said policy does not adequately recognize training time. Furthermore, the FA notes that said policy financially penalizes pilots because they are required to reimburse the Crown when their promotion to Lt is backdated, because the pay increments acquired in the rank of 2Lt are then cancelled. CBI 204.211(12) confers the right to grant officers who experience a delay in training of more than one year up to two pay increments in the ranks of 2Lt and Lt and the FA prefers this option. He therefore ordered the DGMC to promote the grievor to the rank of Lt as of 9 March 2009, with the necessary adjustments to his pay increments, whereas the date of the grievor's promotion to Capt remains unchanged.