# 2012-168 Pay and Benefits, Acting While So Employed (AWSE), Reserve Force

Case Summary

F&R Date: 2013–02–22

The grievor, a non-commissioned member and Reservist, acted in the position of Captain for 146 days while also fulfilling his own duties. With the full support of his chain of command, the grievor sought compensation for the services rendered.

The grievor acknowledged that as a non-commissioned member he could not be promoted in an acting capacity to the rank of Captain and that Canadian Forces General Message 60/00 – Acting Pay/ Rank, did not apply to Reservists. As redress, the grievor asked to be paid at a pay level equal to that of Captain pay increment basic, which he concluded would be equivalent to Warrant Officer pay increment 3.

The Board first determined that the Queen's Regulations and Orders for the Canadian Forces (QR&O), article 3.05, Acting Rank, permits the Chief of the Defence Staff (CDS) to grant an acting rank to a Canadian Forces member, including Reservists. The Board then examined whether the grievor should be granted an acting rank.

The Board, observing that the grievor held the substantive rank of Sergeant and was appointed to act in a Captain's position for 146 days, found that the grievor met the requirements set out in QR&O 3.05 to be granted an acting rank. Further, the Board referred to previous similar cases where, pursuant to the Board's review, the CDS had agreed with the Board's Findings and Recommendations and granted an “acting while so employed” promotion.

The Board agreed with the grievor and concluded that an acting promotion to Warrant Officer would be appropriate in the circumstances. Pursuant to Compensation and Benefits Instruction 204.53(3), when a member is promoted, he/she enters a new rank at the basic pay level. Therefore, allocating a pay increment of level 3, as was suggested by the grievor, would be contrary to the spirit of the scheme. The Board found that, while not perfect, the granting of acting Warrant Officer rank at pay increment basic level would be a reasonable remedy that recognized the increased responsibilities imposed on the grievor during his acting appointment.

The Board recommended that the grievance be partially upheld.

The Board recommend that the grievor be granted, pursuant to QR&O, article 3.05, an acting rank Warrant Officer at pay increment basic level for the period 8 June 2010 to 1 November 2010.

CDS Decision Summary

CDS Decision Date: 2013–06–24

The CDS agreed with the Board's findings and recommendation to partially uphold the grievance by promoting the grievor to AWSE Warrant Officer and granting him the pay increment Basic for the Class "B" period in question.