# 2014-062 - Pay, Re-Enrollment

Case Summary

F&R Date: 2014–11–14

The Committee had to determine whether the grievor was paid at the correct pay level when he re-enrolled in the Canadian Armed Forces (CAF) as a Direct Entry Officer and during his time served in the ranks of Second Lieutenant (2Lt) and Lieutenant (Lt).

The grievor argues that he should have been paid at pay level D of Tables B and C of Compensation and Benefits Instructions (CBI) 204.211 for the duration of his tenure as a 2Lt/Lt.

The Initial Authority (IA), the Comd CFRG, denied the grievance on the grounds that the pay policy set out in the CBI 204 was applied properly. The IA explained that the grievor did not meet the requirements of CBI 204.015(2),(3), and (4), since his previous service was completed at a lower rank and he had re-enrolled more than five years after his release.

The Committee found that the IA's analysis mistakenly addressed the determination of pay increments when the grievor's issue was about determining the correct pay level. The Committee noted that each is different, and that CBI 204.211 is the correct policy to address the grievor's pay level issue.

The Committee confirmed that the grievor had re-enrolled prior to the coming into force of CBI 204.211(9.1) and found that there was no provision in CBI 204.211(9.1) that would permit it to be applied retroactively to members who enrolled under a previous version of CBI 204.211 and who were therefore paid at pay level C.

The Committee concluded that the CBI 204.211(9) version in effect at the time the grievor re-enrolled must apply.

Therefore, the Committee found the grievor's correct pay level on re-enrolment was pay level C of Table B, and that no error was committed.

CDS Decision Summary

CDS Decision Date: 2015–01–07

Case withdrawn at Final Authority Level.