# 2014-212 - Acting While So Employed (AWSE)

Case Summary

F&R Date: 2015–02–09

The grievor sought acting pay, and an amendment to his personnel records indicating that he ought to have been promoted Acting While So Employed (AWSE), for the periods he was acting in a position of a higher rank.

The grievor claimed that he acted in the more senior position over an extended period, both when the position was vacant and when the incumbent was absent.

The Initial Authority denied the grievance on the basis that the grievor was not posted into the position but only assigned on a temporary basis. He also noted that there was no provision for acting pay without the acting rank.

The Committee observed that in many similar cases the Chief of the Defence Staff (CDS) had exercised his discretion and waived promotion and AWSE promotion requirements to grant redress. In examining these decisions, the Committee noted that the following three driving factors needed to be present in order for the CDS to exercise his discretion: that the member was employed in an established higher-ranked position, that he/she was employed in that position for at least 90 days and that he/she performed the full spectrum of duties and responsibilities of the position.

The Committee determined that the grievor only met all three driving factors for one consecutive period of 199 days. The Committee also found that the grievor met the general promotion requirements during that period.

Accordingly, the Committee concluded that it would be appropriate for the Final Authority (FA) to use his discretion under article 11.02(2) of the Queen's Regulations and Orders for the Canadian Forces, waive the remaining “administrative conditions” set out in Canadian Forces General Message 60/00 and promote the grievor in an AWSE capacity for the period 1 January to 17 July 2011.

CDS Decision Summary

CDS Decision Date: 2016–08–24

The FA agreed with the Committee's recommendation that discretion under article 11.02(2) of the QR&O be used to waive conditions set out in CANFORGEN 060/00 and grant the grievor the acting rank of LCol WSE for the period in question.