# 2014-007 - Incentive Pay Category (IPC), Pilot's Backdated Promotions to Captain, Pilot's Pay and Promotion,...

Incentive Pay Category (IPC), Pilot's Backdated Promotions to Captain, Pilot's Pay and Promotion, Pilots' Pay and Promotion

Case Summary

F&R Date: 2014–11–28

The grievor enrolled in the Canadian Armed Forces (CAF) in 2006, in the Pilot occupation. In 2011, he completed phase III of flight training, attaining Wings Standard. On the same day, he was promoted to the rank of Captain (Capt) Pilot and was granted a retroactive promotion to the rank of Lieutenant (Lt) as of 2007. Initially, his retroactive promotion to the rank of Lt resulted in an overpayment. The grievor was of the view that he should have been retroactively promoted to the rank of Capt as of his Entry into the Promotion Zone (EPZ) (at the third year mark of commissioning), and paid as a General Service Officer (GSO) until he completed phase III. The grievor argued that the practice was such when he enrolled and that there never was any formal announcement of a change of practice.

Acting as the Initial Authority (IA), the Director General – Military Careers denied the grievance. The IA confirmed that the date of the grievor's promotion to Capt was the date of completion of phase III (Wing Standard). However, referring to a Chief of Defence Staff (CDS) directive issued as a result of a grievance on the subject, the IA directed a readjustment to the grievor's retroactive promotion to Lt, resulting in correcting the overpayment as the Canadian Forces Administrative Order (CFAO) 11-6 did not permit a retroactive promotion to the rank of Capt,. It does allow however a retroactive promotion to the rank of Lt. The IA referred to a CDS decision rendered on 19 April 2013 and noted that the pay and promotion policies for Pilots are still under review but found that the CDS' directives ought to be applied to the grievor.

The Committee reviewed the evolution of the Pilots' pay and promotion situation and noted that the previous practice consisting in granting retroactive promotion to the rank of Capt GSO was ended in 2009 by the Director General Military Careers (DGMC) under the assumption that the practice was put in place without proper authority. The Committee noted that the previous CDS endorsed the practice and that, as per his discretionary authority found in the Queen's Regulations and Orders, it was valid. The Committee was of the view that this practice was not a matter of a case-by-case exercise of the CDS' discretionary authority as it was applied systematically since 1999 to all trainee Pilots and it was the established practice applicable to all Pilots. Given that the CDS has full authority over promotion policies, and given that despite its research the Committee found no evidence that the previous CDS had manifested his will to end this practice, the Committee found that the DGMC had no authority to end the practice in 2009.

The Committee reviewed the CDS decision of 19 April 2013 and noted that he agreed his predecessor had the authority, contrary to what was assumed in 2009. The Committee also acknowledged the validity and reasonableness of the new approach contemplated by the current CDS in his 2013 decision and found that the current CDS can change the practice and direct amendments to the CFAO. However, the Committee found that the CDS cannot do so retroactively as to intervene with the valid exercise of his predecessor's authority, as in the grievor's case where he completed his training in 2011, two years prior to the CDS' decision. As such, the Committee found that the grievor was entitled to be retroactively promoted to the rank of Capt (and paid as a GSO) as from his EPZ date, in accordance with the previous practice endorsed and directed by the previous CDS, General Natynczyk, in the exercise of his authority as Final Authority and administrator of the CAF.

The Committee recommended that the grievor's promotion to the rank of Capt GSO be ordered effective his EPZ with the appropriate adjustments to his pay.

CDS Decision Summary

CDS Decision Pending

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