# 2014-091 - Compulsory Occupational Transfer (COT), Entry into the Promotion Zone , Promotion

Case Summary

F&R Date: 2014–08–29

The grievor was reassigned to a Specialist Officer occupation upon her request to cease training in her former occupation, but before achieving the necessary time in rank and obtaining one of the required qualifications for promotion to Lieutenant (Navy) (Lt(N)). Although the reassignment instructions indicated that the Entry into the Promotion Zone (EPZ) date to Lt(N) would remain the same, it was determined that the statement on the reassignment instructions was in error. The Director of Military Careers (D Mil C) staff indicated that the correct date would have been four years after the grievor's promotion to Sub-Lieutenant (SLt). The grievor argued that the promotion should have been the original EPZ date.

The Director General Military Careers, acting as the Initial Authority (IA), denied the grievance. The IA noted that in accordance with the current policy, the grievor was required to spend four years as a SLt in the Specialist Officer occupation prior to being promoted to Lt(N). However, the IA recognized the time spent on courses common to both occupations and reduced this requirement by 94 days to account for time spent on Basic Officer Training and the Initial Assessment Period.

The Committee had to determine the grievor's correct EPZ date to Lt(N).

The Committee reviewed the definition of the EPZ date at Canadian Forces Administrative Order (CFAO) 11-6 which states that the specified time in rank has to be in the current occupation. The Committee then looked to Appendix 1 to Annex B to CFAO 11-6 and found that the minimum time in the grievor's Specialist Officer occupation at the rank of SLt was four years. Therefore, the Committee found that the grievor would not be eligible for promotion to Lt(N) until four years after the date of her reassignment.

Finally, the Committee reviewed the IA's decision to reduce the minimum time in rank by 94 days. The Committee could not find any policy that would support that decision however, found that it would be reasonable to credit this training time. The Queen's Regulations and Orders for the Canadian Forces, article 11.02 grants the authority to waive promotion criteria to the Chief of the Defense Staff, therefore the Committee found that the CDS could direct that the 94 days be subtracted from the required period.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2014–12–19

The Final Authority agreed with the Committee's findings and recommendation that the grievor was treated in accordance with the applicable policy and, therefore, was not aggrieved.