# 2014-085 - Component Transfer (CT), Pay

Case Summary

F&R Date: 2014–10–31

The grievor, who had Component Transferred (CT) to the Regular Force (Reg F) in 1998, submitted a post CT inquiry regarding the retroactive application of the Chief of Military Personnel (CMP) 23 April 2001 Interim Policy (hereinafter “Interim Policy”) granting Pay Protection on CT from being a Non-commissioned member in the Primary Reserve (P Res) to an Officer entry program in the Reg F. She argued that other members, in circumstances similar to hers, had been granted redress or had their cases resolved through an Informal Resolution (IR). She complained in her grievance that her new rate of pay upon CT had been calculated but had not been approved.

There is no Initial Authority decision.

The Committee had to determine whether the grievor was entitled to pay protection upon CT from the P Res to the Reg F.

The Committee observed that the Interim Policy makes no mention of retroactive application but that, over the years, the application date had been challenged through grievances and that the Chief of the Defence Staff (CDS) had granted such retroactive application, as far back as 1997. The Committee having reviewed several cases, had recommended to the CDS that the effective date of the Interim Policy be set at 27 March 1996, the same date that Time Credit for promotion on CT was approved. The CDS agreed with the Committee's logic and arguments, and concluded that the suggested date had merit. He, therefore, directed the CMP to conduct a timely review of the issue, taking the Committee's recommendation into consideration. During the review, IR, such as the grievor's, were placed on hold.

On 18 July 2014, the CMP completed his review and advised the CDS that the Interim Policy was to be applied from 23 April 2001, without the possibility for retroactivity.

While the Committee did not necessarily agree with the CMP's reasons, remaining of the view that the CDS has the requisite authority to apply the Interim Policy retroactively, it found it reasonable to set 23 April 2001 as the effective date of the Interim Policy. As the grievor's CT had occurred prior to that date, the Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–02–24

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