# 2014-142 - Entry into the Promotion Zone

Case Summary

F&R Date: 2015–02–26

The grievor was accepted for a voluntary transfer to a specialist occupation after waiting two years for pilot training. The seniority date in her rank of Lieutenant in her new profession was accordingly set on her transfer date, and she was required to accumulate three years of seniority for Entry to the Promotion Zone (EZP) for the rank of Captain. She argues that she should have retained the two years of seniority she had acquired prior to her transfer to the specialist occupation. She also claims that the Canadian Armed Forces (CAF) failed to give her proper recognition for her Master's degree (MA) and that this entitles her to a reduction in the minimum number of seniority years required for promotion to the rank of Captain.

The Initial Authority, the Director General Military Careers, corrected the EZP date to recognize the seniority she had acquired during Basic Officer Training. However, he denied the remainder of the grievance. He concluded that the provisions of the Canadian Forces Administrative Order (CFAO) 11-6 concerning the retention of seniority in rank during a transfer to a new military occupation did not apply in her case. He also concluded, based on the criteria in Annex B to CFAO 11-6, that the grievor's MA did not entitle her to a reduction of the time required in the rank of Lieutenant.

The Committee had to determine whether the grievor's EZP date at the rank of Captain had been determined in accordance with the applicable policies.

The Committee noted that the grievor had been transferred after obtaining a waiver of the entry criteria for the specialist occupation and that she held no qualifications in any military occupation within the CAF. The Committee concluded that the regulations governing promotions do not allow for recognition of the seniority acquired by the grievor prior to her transfer, other than that related to the period of service completed during her basic officer training. The Committee noted that the grievor had not completed her MA when she was transferred and that, based on her education, the grievor became eligible for promotion to the rank of Captain four, and not three, years after the date of her transfer to the specialist occupation, in accordance with the provisions of Annex B to CFAO 11-6.

The Committee also noted that the reduction of seniority requirements applies only when skills and professional experience are directly aligned with the needs of the profession. The Committee concluded that the grievor's MA did not fully correspond to the academic requirements of the specialist occupation and could not be used to reduce the requisite seniority for the rank of Captain.

The Committee recommended that the grievance be denied.

FA Decision Summary

DGCFGA, as the FA, disagreed with the Committee's recommendation to deny the grievance. He found that the grievor had been prejudiced and ordered that her promotion be retroactively adjusted by one year. While he agreed with the Committee's finding that the grievor's university certificate did not qualify her for an earlier promotion, the FA concluded that the second language training the grievor completed prior to her occupational transfer was relevant to her new occupation (although not a formal requirement) and credited the equivalent period, referring to paragraph 14 of CFAO 11-6.