# 2014-100 - Occupational Transfer (OT), Pay Protection, Voluntary Occupational Transfer (VOT)

Occupational Transfer (OT), Pay Protection, Voluntary Occupational Transfer (VOT)

Case Summary

F&R Date: 2014–10–30

The grievor applied for and was selected for a Voluntary Occupation Transfer (VOT). On the application form, he acknowledged that he was aware that, if he was selected, his rank and pay would be adjusted to the applicable rank and pay category on the VOT effective date. Upon being selected, the grievor signed as agreeing to the conditions of the offer.

On the effective date of the VOT, the grievor's rank and pay category were adjusted accordingly. It is only at the time of being posted to await training did he realize that his qualification course would not be starting for another six months. With the support of his superior, he requested that the posting message and the effective date of his VOT be amended to reflect Canadian Forces Administrative Orders (CFAO) 49-4 paragraph 27, whereby rank and pay are only adjusted just prior to the commencement of training. The grievor claimed that he suffered financial hardship and sought compensation for lost income and pension time or a change to the effective date of the VOT to coincide with the start of his course.

The Director General Military Careers, acting as the Initial Authority, denied the grievance noting that the VOT offer cited the relevant transfer policies, including the VOT Policy Change which specified that the transfer effective date would be during the Active Posting Season (APS).

The Committee considered CFAO 11-12 paragraph 10 and CFAO 49-4 paragraph 27 and a third document issued in 2005 entitled “Policy Change Effective Dates – Voluntary Occupation Transfer Programs.” The Committee determined that this document superseded the CFAOs and the issuing authority had the authority to revise VOT policy. The document stipulates that the effective date of transfer is to occur during the APS rather than being correlated to the commencement of training.

The Committee found that the grievor was fully informed when he accepted the VOT offer. The VOT application form specifically referenced this document and the grievor had acknowledged as having understood that the adjustment to his rank and pay would be effected in accordance with this policy. The VOT offer presented to and accepted by the grievor also clearly indicated the date on which the VOT and the adjustments would occur.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2014–12–19

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

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