# 2013-107 - Duty Status, Reserve Force

Case Summary

F&R Date: 2014–02–28

The grievor sought to have two periods of Non-effective Strength (NES) quashed. She argued that her two periods of NES were the result of a lack of supportive action by her chain of command, serious miscommunications, and that the unit was attempting to force her into requesting a voluntary release.

Acting as the Initial Authority, the unit Commanding Officer (CO) denied the grievance, indicating that the grievor was properly made aware of her NES status, that multiple efforts were made to contact her, that her responses to the contacts were delayed, and that she provided inadequate explanations for not parading.

The Committee first noted that, contrary to the insistence of the unit, there was no policy requirement for the grievor to submit a formal written request asking the CO for permission to resume active status once declared NES. Rather, the policy placed the onus on the unit to make all reasonable efforts to have the grievor return to effective status.

The Committee examined both periods of NES and determined that the unit had missed ideal opportunities to resolve the grievor's NES status during both periods. For example, when she did attempt to return, the unit refused to pay her for parading because she had not yet submitted a written request to parade.

Further, during one of the NES periods, the grievor attended several medical appointments that were considered to be duty and thus incompatible with NES status. The Committee noted that the grievor had not been paid for attending those medical appointments.

As a result, the Committee found that the grievor's NES status for each period should be reduced so as to end on the day the grievor attempted to parade with the unit.

The Committee also observed that the unit's handling of the grievor's NES status, her request to have a CF 98 [report on injury] completed and her request to submit a claim for disability compensation was inadequate. All were administered poorly and the grievor deserved better.

The Committee recommended that the Chief of the Defence Staff partially uphold the grievance by significantly reducing the two periods of NES.

The Committee also recommended that the grievor be paid for the two training days that she attended and was not paid,

Finally, the Committee recommended that the grievor's attendance, medical and physiotherapy appointments, and pay records be audited and that she be assisted as necessary to ensure that she is paid for any outstanding duty periods and appointments.

CDS Decision Summary

CDS Decision Date: 2014–08–20

The FA agrees with the Committee that the complainant was aggrieved, but does not adopt the proposed relief. The FA is of the opinion that the file clearly demonstrated the complainant's medical condition, as well as the medical care required to treat it. The FA agrees with the Committee that the medical treatment was interrupted for reasons beyond the complainant's control, and largely because the form CF 98 had not been completed and submitted by the relevant authorities. The FA determined that if the medical services had not been interrupted, the complainant would not have been placed on NES. As a result, the FA orders that the two NES periods in the complainant's file be erased.