# 2013-098 - Terms of Service

Terms of Service

Case Summary

F&R Date: 2013–12–19

In June 2005, the grievor accepted an offer of an intermediate engagement of 25 years in accordance with new conditions of service that came into effect on 1 May 2005 and were announced in the Assistant Deputy Minister (Human Resources - Military) Instruction 05/05. In 2012, the grievor filed a grievance alleging that his Commander could have offered him an intermediate engagement of 20 years before the changes came into effect. The grievor is asking for his conditions of service to be modified.

The Initial Authority (IA) accepted the grievance in the interests of justice. The IA felt that the Commander had exercised the discretion available to him in accordance with the applicable policies and that at the time he made the the offer, the sole option was that of an intermediate engagement of 25 years. The IA therefore denied the grievance.

The Committee noted that the Assistant Deputy Minister (Human Resources - Military) Instruction 05/05 required that the offer of new conditions of service be submitted, at the latest, 15 months before the expiry of the initial engagement. In the case before the Committee, the deadline was 26 June 2005.

The Committee concluded that although the grievor's Commander had the discretion to offer new conditions of service before the changes of 1 May 2005 came into effect, he was under no obligation to do so. The Committee also concluded that the moment chosen to offer the grievor the new conditions of service was timely and in compliance with existing policies and practices.

Finally, the Committee concluded that at the time the grievor was offered new conditions of service, the Commander had no option but to offer an intermediate engagement of 25 years.

The Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2014–04–30

The FA agreed with the Committee's findings and recommendation that the grievance be denied.

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