# 2013-030 Pay and Benefits, Acting While So Employed (AWSE), Specialist Pay

Case Summary

F&R Date: 2013–07–30

The grievor, a Captain, requested a retroactive promotion to Major and awarding of specialty pay. The grievor expected to be promoted after being posted into a specialist Major's position following the successful completion of specialist training. This expectation was also based on information the grievor said to have received from the career manager. The grievor remained in the specialist Major's position for a period of nine months, and performed the full duties of that position, before being posted to a Captain's position.

The Director General Health Services (DGHS) acted as the Initial Authority and denied the grievance being of the view that the grievor did not meet the mandatory requirements provided by the policies. With regard to specialist pay, he noted that the grievor did not hold the minimum rank of Major and the mandatory board certification required by the Compensation and Benefits Instruction (CBI) 204.217. The DGHS did not discuss a substantive promotion, but considered an acting while so employed promotion. He found that the grievor did not meet the criteria provided by the CANFORGEN 060/00 - Acting Pay/Rank; in that holding the rank of Major was not essential to perform the duties and that such a promotion would have caused the preferred manning level to be exceeded. However, the DGHS indicated that a submission to amend the CBI to include Captains for specialty pay had been forwarded to the Chief of Military Personnel in recognition of an ongoing practice of employing Captains with specialty training in specialist capacities without specialty pay.

The Committee determined that the DGHS could not act as the Initial Authority as he could neither grant redress nor was he the officer responsible to deal with the matters (pay and promotion) being grieved. Therefore, the Committee considered his letter as input from the chain of command.

The Committee found that the grievor could not be promoted to substantive Major primarily based on the grievor's merit list standing and the number of promotions in the grievor's occupation during the period in question. The Committee also found that the grievor was not entitled to specialty pay as it required that the officer be board certified, which the grievor was not until after having been posted out of the Major's position. However, the Committee found that the grievor met the criteria provided by the CANFORGEN 060/00 - Acting Pay/Rank. The Committee recommended that the Chief of the Defence Staff (CDS) partially uphold the grievance and grant an acting while so employed promotion for the period of nine months during which the grievor assumed the duties of the Major's position.

The Committee observed that the practice of employing Captains with specialty training in specialist capacities without the commensurate pay was fundamentally unfair. As the issue of specialty pay for Captains had been raised several years before but had yet to result in a submission to amend the CBI, and given indications that a submission was not forthcoming, the Committee recommended that the CDS make it a priority.

CDS Decision Summary

CDS Decision Date: 2014–01–16

The issue regarding the grievor's acting while so employed promotion was resolved by the Director General Military Careers, the appropriate initial authority. Regarding the remainder of the Committee's finding and recommendation, the CDS agreed that the grievor was not entitled to specialist pay. The CDS also agreed with the Committee's observation, and asked the Chief-Military Personnel to consider the issue of specialty pay for Captains, which had been raised several years ago without a submission yet to amend the CBI, as a priority.