# 2014-073 - Terms of Service

Terms of Service

Case Summary

F&R Date: 2014–11–27

As her Short Engagement (SE) was drawing to an end, the grievor accepted a new Continuing Engagement (CE) offer in accordance with Assistant Deputy Minister (Human Resources - Military) Instruction 05/05. Shortly after accepting the CE, the grievor applied to rescind it. The grievor applied several times to the Director Military Careers Administration (DMCA) to cancel her CE, requesting release under the terms and conditions of her SE when it ended. Despite her numerous requests, the grievor was released from the Canadian Armed Forces (CAF) in accordance with the terms of her CE under Item 4(c) Voluntary – On Request.

The grievor is challenging the refusal to release her under the conditions of her SE when it ended. She maintains that the CE offer was not accompanied by the DMCA opportunity message and a copy of chapters 6 and 15 of the Queen's Regulations and Orders applicable to the Canadian Forces (QR&O). She asserts that she was unaware of the consequences and conditions associated with signing her CE and that this lack of information caused her to lose entitlements that would have otherwise accrued to her upon her release from the CAF.

There is no Initial Authority (IA) decision in the grievance file as the grievor refused to grant an extension to the timeframes established by QR&O article 7.07.

The Committee had to determine whether the CE accepted by the grievor was administered in accordance with the applicable policies and whether the offer could be canceled to allow the grievor to be released at the end of her SE.

The Committee found that the wording of paragraph 6.12(3) of the QR&O, a Governor in Council regulation, was clear and did not leave any room for interpretation or discretion regarding cancellation of conditions of service: once accepted, they take effect immediately and replace those currently in effect.

Regarding the administration of the CE, the Committee noted that the DND 2315 form signed by the grievor clearly contains a reference to article 6.12 of the QR&O as well as a reference to the DMCA's opportunity message. Furthermore, articles 4.02 and 19.01 of the QR&O provide that officers shall “become acquainted with, observe/obey and enforce” the QR&O and “all other regulations, rules, orders and instructions that pertain to their duties”, and considering that the grievor had nearly three months to make her decision, the Committee found that the onus was on the grievor to make the necessary inquiries and that she had not fulfilled her obligations as an officer.

The Committee recommended that the Final Authority deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–02–23

The FA agreed with the Committee's findings and recommendation that the grievance be denied.

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