# 2012-038 Pay and Benefits, Pay, Re-Enrollment

Case Summary

F&R Date: 2012–06–26

The Grievor objected to the rank and pay increment (PI) granted upon her re-enrolment following an eight-year break in service and requested that she be retroactively promoted to the rank of Corporal (Cpl) with PI 4.

The Initial Authority (IA) dismissed the grievance, indicating that, given that the break in service was over five years and that the Grievor had not kept her service knowledge up to date, she did not qualify for the rank of Cpl retroactive to the date of her re-enrolment under applicable policies.

The Board noted that the Grievor had acquired experience as a Steward during her period of service of around 22 years in the Canadian Forces (CF); after a break in service of eight years, she re-enrolled as Supply Technician. The Board also pointed out that the policy enunciated in paragraph 204.15(4) of the Compensation and Benefits Instructions is clear: following a break in service of over five years, experience acquired during previous military service does not constitute qualifying service for pay increments. Under the circumstances, the Board was of the opinion that the Chief of the Defence Staff (CDS) could not give credit for a relevant additional skill with military value other than those directly associated with the qualifications granted the Grievor at the time of her re-enrolment.

The Board then considered the qualifications that may be judged useful and valuable from a military point of view; on that subject, Defence Administrative Orders and Directives 5031-1 – Canadian Forces Military Equivalencies Program, explains that the purpose of recognizing prior learning is to reduce or eliminate a future period of training or education for the purposes of the career development of the person concerned or of recognizing a qualification of use to future CF activities. According to the file, the Grievor had been credited with 56 days for her Canadian Forces Recruit School by-pass; the Board also pointed out that the CF had recognized the following previously held qualifications: the Junior Leaders Course and the Advanced Army Course – Maritime and Surface Operations. Accordingly, the Board was of the opinion that the CF should credit the Grievor with an additional 40 days, namely, the duration of the two above courses, as the CF will not have to offer the Grievor this training a second time.

As to the determination of rank, the Board’s position was that since the Grievor had re-enrolled in an occupation for which she was not qualified, granting a rank higher than that of Private would be inappropriate and contrary to applicable policy.

The Board noted that the Grievor was given accelerated promotion to the rank of acting/lacking Cpl on 14 April 2011. The Board was of the opinion that the Grievor’s accelerated promotion should be substantive as she met all the necessary conditions; in fact, the Grievor had been eligible for accelerated promotion on 19 October 2010, the date she successfully completed her Qualification Level 5A Course. That being said, it was only on 4 April 2011 that the chain of command recommended the Grievor’s accelerated promotion and it was not up to the Board to question the choice of date.

The Board recommended that the CDS partially uphold the grievance.

The Board recommended that the CDS credit the Grievor with 40 days of incentive credits (IC) and time credit for promotion in addition to the 56 days already credited.

The Board recommended that the CDS order that the Grievor’s documents be amended so that that her accelerated promotion to Cpl, granted on 14 April 2011, should reflect a substantive accelerated promotion.

CDS Decision Summary

CDS Decision Date: 2014–03–06

The CDS disagrees with the conclusions and recommendations of the Board. He concluded that the Junior Leadership courses and the advanced Army, Maritime Operations and Surface courses were not required at enrolment and that he didn't know whether they would be required in the future. He therefore refused to grant an additional credit of 40 days, as the Board had recommended. Regarding the grievor's accelerated promotion, the CDS stated that the grievor's documents had been amended to reflect a substantive promotion.