# 2015-038 - Cease-Training


Case Summary

F&R Date: 2015–06–30

In 2008, the grievor was accepted into a sponsored military studies program, which led him to change his occupation in the military. In addition to his academic qualifications and holding a provincial licence, he had to obtain national certification to be fully qualified in his new military occupation and be eligible for promotion. The grievor failed the national certification exam three times. A training review committee concluded that he was unlikely to succeed in obtaining this certification and decided to end his training.

The grievor considered that given the CAF's investment in him and his experience, it was in the interest of everyone concerned to allow him to make a fourth attempt. He emphasized his supervisors' positive evaluation of his on-the-job training and indicated that they were willing to give him the necessary time to prepare so that he could take the exam again.

The initial authority considered that it was reasonable to end the grievor's training since it was unlikely that he could obtain the requested certification.

The Committee noted that according to the credentials required for the intended trade, as established by the competent authority, only the provincial licence was required. The national certification is only required in provinces that did not regulate the occupation. The Committee acknowledged that national certification is necessary, however, to ensure the mobility of CAF personnel and stated that this need was reflected in the changes made subsequently to the entrance level standards for the occupation. However, it noted that the directive governing the required credentials have not changed. The Committee recommended that, when the required credentials are updated to reflect the needs of the occupation, the grievor be offered support and the necessary preparation to ensure that he passes the exam to obtain the national certification. The Committee also recommended that the grievor be promoted to the substantive rank because his record indicates that he has completed all the prerequisites required for the promotion.

CDS Decision Summary

CDS Decision Date: 2015–12–09

The FA did not support the Committee's recommendation to uphold the grievance. The FA disagrees with the Committee's finding that the Canadian Society for Medical Laboratory Science certification was not mentioned in the entry standards during the period at issue and that, consequently, the provincial standard should have applied. The FA was of the opinion that even though the certification was not part of the standards when the grievor was selected for the subsidized program, it is now required for the medical laboratory technologist qualification in the CAF, given the possibility of being assigned to bases in other provinces. Concerning the Committee's recommendation that CF H Svcs Gp Instruction 3120-06 be updated to reflect the trade's new entry standard, the FA noted that it had already been corrected.

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