# 2014-122 - Medical Employment Limitation (MEL), Promotion

Case Summary

F&R Date: 2015–01–12

The grievor saw his promotion deferred after he had been initially declared eligible for it. Shortly before the effective date of promotion, the senior regional Doctor notified the Commanding Officer (CO) by email that he was going to assign the grievor Medical Employment Limitations (MEL) due to a newly diagnosed medical condition. The Doctor confirmed the MEL after the effective date of promotion, following a consultation with the grievor upon his return from leave. The CO later notified NDHQ that he was temporarily deferring the grievor's promotion by reason of his medical condition.

The Initial Authority (IA) concluded that, based on the notification issued by the Doctor, the grievor no longer met the promotion criteria on the effective date of the promotion and that its deferral was the appropriate course of action under the terms of paragraph 19 of Canadian Forces Administrative Order (CFAO) 49-4- Career Policy Non-Commissioned Members Regular Force.

The Committee had to determine whether the decision to defer the promotion was reasonable and consistent with the applicable policies. The Committee concurred with the IA. It concluded that despite the fact that the grievor's MEL were confirmed after the effective date of promotion, the Doctor's notification via email was valid and indicated that the grievor no longer met the prerequisites for promotion at the time of the email notification. The Committee found that the deferral of the promotion was justified and that this deferral was consistent with the applicable directives. It further concluded that the grievor had not been aggrieved because the MEL were lifted less than 12 months later and the grievor was granted his promotion retroactive to the initial promotion date.

The Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–07–15

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