# 2014-012 - Acting While So Employed, Specialist Pay

Case Summary

F&R Date: 2014–03–11

This is the second grievance submitted by the grievor, a Captain, requesting a retroactive promotion to Major and awarding of specialty pay. In the previous grievance (MGERC file 2013-030), the Committee found that the grievor could not be promoted to substantive Major and was not entitled to specialty pay. However, the Committee found that the grievor met the criteria provided by CANFORGEN 060/00 - Acting Pay/Rank. The Committee recommended that the Chief of the Defence Staff (CDS) partially uphold the grievance and grant a promotion acting while so employed for the period during which the grievor assumed the duties of a Major's position.

The CDS rendered his decision in the previous grievance, denying redress as he noted that the issue relating to the period of acting while so employed had already been resolved by the Initial Authority in this second and new grievance.

After carefully reviewing the facts and the requested remedy of this second grievance, the Committee concluded that it was, for all intents and purposes, identical as the one submitted previously. Applying the test to the doctrine of res judicata (a matter already judged), the Committee concluded that the grievor was trying to have the same matter reviewed again. Accordingly, the Committee recommended that the CDS reject the grievance.

CDS Decision Summary

CDS Decision Date: 2014–12–10

The FA partially agreed with the Committee's conclusion that the doctrine of res judicata applied to the whole grievance, finding that the issue of the grievor's career mismanagement was not addressed. The FA found not evidence of mismanagement, but concluded that the decision to remove the grievor from a course was unreasonable. The FA directed that the grievor be reimbursed for her expenses related to the course, that her leave account be credited by five days, and that the leave balance be cashed out in her favour.