# 2014-084 - Joint Personnel Support Unit (JPSU)

Joint Personnel Support Unit (JPSU)

Case Summary

F&R Date: 2015–01–15

While serving in a field unit, the grievor was assigned temporary Medical Employment Limitations (MELs), rendering her “unfit military operational environment”. She was then temporarily assigned to the Joint Personnel Support Unit (JPSU) while an application for posting to the Service Personnel Holding List (SPHL), endorsed by the medical authorities and her chain of command, was being submitted for approval. This request was denied by the Director Military Careers (D Mil C) on the basis that the grievor was fully employable within her occupation. Following D Mil C's decision, the grievor was returned to her field unit.

After returning to her unit, the grievor's MELs were amended, further reducing her employability. In the intervening period, base and unit authorities examined the possibility of moving the grievor to a static position at the base, through a local staff exchange. This proved not to be possible. The grievor contested the decision to deny her posting to the SPHL/JPSU, stating that this decision contributed to worsening her medical condition.

The Initial Authority (IA), the Director General Military Careers, denied the grievance. As she was capable of performing the duties of her occupation on a full-time basis, the IA found that the grievor did not meet the criterion found at paragraph 3(a) of CANFORGEN 114/11 to justify a posting to the JPSU.

The Committee had to determine whether the denial of the grievor's request for a posting to the JPSU was reasonable and justified in the circumstances, whether she was employed against her MELs and if this denial adversely affected her medical condition.

The Committee noted that the grievor was serving in a support occupation, that her MELs did not pertain to her occupational duties per se and that she was able to perform her duties on a full-time basis. The Committee thus determined that the grievor's situation did not meet the criteria of CANFORGEN 114/11 and concluded that a posting to JPSU was not mandatory as per the policy.

However, following a close examination of the context of the grievor's employment and MELs, the Committee found that the grievor should have been posted or assigned to the JPSU when it was determined that a posting to a static position was not feasible.

Regarding the grievor's medical condition, the Committee noted that the medical authorities lowered her medical category and prescribed a reduced work week. However, the Committee found no medical evidence indicating that this change was attributable to the denial of the grievor's posting request.

The grievor was released from the Canadian Armed Forces at the end of her terms of service. As such, the redress sought was no longer applicable. The Committee nonetheless recommended that the grievor be given an acknowledgement that she should not have been returned to her position within the filed unit in question following the denial of her request for a posting to JPSU.

CDS Decision Summary

CDS Decision Date: 2015–04–20

The FA agreed with the Committee's findings agreed that the grievor was aggrieved. The FA agreed with the Committee's recommendation that since the grievor is now released, an acknowledgement be made that she should not have been returned to her position at 1RCHA following the denial of her request for a posting to JPSU. The FA also agreed with the Committee's conclusion that release item 4(c) was appropriate under the circumstances.

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