# 2013-041 - Pilot, Release, Terms of Service

Pilot, Release, Terms of Service

Case Summary

F&R Date: 2013–08–29

The grievor was transferred to the Regular Force (Reg F) under the Continuing Education Officer Training Plan (CEOTP) as a skilled pilot. The grievor did not complete a degree within his nine-year Terms of Service as required under the CEOTP, and was advised that he would be released at the end of his initial Terms of Service. Following submission of his grievance, he was extended for a further one-year period. The grievor argued that there were valid reasons why he could not complete his degree within his initial Terms of Service, primarily because the Canadian Forces (CF) posted him to demanding positions where he was unable to make sufficient progress on his degree. He sought to have his Terms of Service converted to an indefinite period of service and to be employed in a position that would permit him to complete his degree.

The Initial Authority agreed with offering the grievor a one-year extension but denied the remainder of the grievance. The grievor accepted the initial extension but argued that the one-year extension denied him the ability to move his family and forced him to remain on imposed restriction. Subsequently, at the conclusion of the first extension, the grievor refused a second one-year extension offer.

The Committee considered the CEOTP research completed in 2009 by the Canadian Defence Academy (CDA) Working Group, which found that the typical CEOTP officer is unable to advance his/her degree sufficiently due to competing demands on time. The Committee noted similar research prepared by the staff of the Air Force in 2008/2009 indicating that only 5% of Air Force CEOTP candidates were obtaining a degree. Observing that the CEOTP policy directs a shared responsibility between various CF authorities and the CEOTP candidate, the Committee agreed with the CDA Working Group who concluded that the requirements of this shared responsibility concept were not being met and that more support from the CF was required to help CEOTP candidates obtain their degrees. Based on the available evidence, the Committee found that the CEOTP policy in place at the time of the grievor's transfer was unrealistic in expecting him to be able to obtain a degree on his own time, and that the operational needs of the CF to employ the grievor could, and should, have been anticipated to come into conflict with the CF's commitment and ability to support the grievors' pursuit of his degree.

The Committee also examined the grievor's employment history and found that for the majority of his nine-year Terms of Service he was fully employed, very productive, and received very little support or opportunity to advance his degree. Finally, the Committee agreed with the grievor that the offering of year-by-year extensions does little to facilitate the success of CEOTP officers.

The Committee found that granting a three-year extension to the grievor's Terms of Service would be reasonable in these circumstances and would allow the grievor to end his prolonged period of separation from his family while pursuing both his career and his degree. The Committee therefore recommended that the Chief of the Defence Staff grant redress to the grievor.

CDS Decision Summary

CDS Decision Date: 2014–04–10

The CDS agreed with the Committee's findings and recommendations and indicated that should the grievor choose to re-enroll, he would offer him a three-year continuing-engagement in a position that would allow him to make progress toward obtaining his degree.

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