# 2013-105 - Leave Entitlement, Release

Leave Entitlement, Release

Case Summary

F&R Date: 2014–04–28

The grievor submitted two grievances in which he contested the denial of his leave without pay (LWOP) requests and the handling of his release request.

The Initial Authority (IA) stated that the grievor's Chain of Command had the authority to deny his LWOP requests and that the decision was justified in the circumstances. The IA also noted that the release request had precedence over the LWOP requests in the absence of any clarification from the grievor that his intention had been to submit his release request as an alternative if LWOP was to be denied. The IA concluded that the Chain of Command was justified to put the LWOP request on hold following receipt of a release request.

The Committee found that the LWOP requests, denied by the grievor's chain of command, should have been processed to the Director General – Military Careers (DGMC), as per the policy. However, the Committee also determined that, given the circumstances, the grievor's LWOP requests would most likely not have been approved by the DGMC. The Committee also concluded that the grievor's release requests were properly administered.

Therefore, the Committee recommended that the Chief of the Defence Staff deny the grievances.

CDS Decision Summary

CDS Decision Date: 2014–06–23

The Final Authority agreed with the Committee's findings and recommendations and denied redress.

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