# 2012-162 Pay and Benefits, Reserve Force, Senior Appointment Pay

Case Summary

F&R Date: 2013–02–28

The grievor was employed as a Class A reservist in a position identified in Canadian Forces General message 127/11 as a Senior Appointment. Subsequent to his employment in that position, the grievor accepted a period of Class C employment in Afghanistan for approximately nine months and then returned to his previous unit in a different position. In accordance with the Compensation and Benefits Instruction (CBI) on pay, the entitlement to Senior Appointment pay ceased one year following termination of the appointment. As redress, the grievor was seeking pay at the Senior Appointment level for Class C during his deployment and for Class A and B after the deployment.

The Board reviewed CBI Chapter 204 and found that the grievor was entitled to pay at the Senior Appointment level for one year following termination of the appointment.

During the period of the Class C employment, the grievor's pay was governed by Section 3 of Chapter 204, while pay for Class A and B service was governed by Section 5 of Chapter 204. Section 1 provided the necessary guidance to determine the rate of pay on change in class of service. Specifically it identified how to calculate qualifying service and ensured that reserve members are not negatively affected as a result of a transfer between classes of service. The Board reviewed the grievor's rates of pay provided in the grievance file and found that he was paid correctly during his Class C service; there was no entitlement to Senior Appointment pay since that was authorized under Section 5 of Chapter 204 and not applicable to Class C service (governed by Section 3).

The Board noted that, upon return to Class A service, the grievor was not being paid at the Senior Appointment pay rate. However, in accordance with CBI 204.53(8) he was entitled to Senior Appointment pay for the remainder of the one year period following termination of his appointment. Therefore, the Board recommended that the Chief of the Defence Staff grant partial redress by directing that the grievor be paid at the Senior Appointment pay rate for the remainder of the one year period.

CDS Decision Summary

CDS Decision Date: 2013–09–26

The CDS agreed with the Board's findings and recommendation to partially grant the grievance. The grievor was entitled to pay at the applicable rate for a member on the senior appointments list for the remainder of the one-year period when he returned to Class “A” Res Service.