# 2015-130 - Acting While So Employed (AWSE)

Case Summary

F&R Date: 2015–10–07

The grievor submitted that he had been doing the work of a position that required the rank of Sergeant (Sgt)/Petty Officer 2 (PO2) but without appropriate compensation either through rank, pay or assessment.

As redress, the grievor requested that he be compensated as Acting While So Employed (AWSE) Sgt or at least be paid at that level.

The Initial Authority (IA) found no formal or informal confirmation that the rank of Sgt was required to perform the tasks in question. Thus, the grievor's situation failed to meet one of the requirements set out for AWSE in paragraph 7(a) of the Canadian Forces General Message (CANFORGEN) 060/00. Additionally, the IA found that a second criterion for promotion was not met in that an vacant position did not exist within the establishment. As such, the IA denied the grievance.

The Committee found that qualifications rather than rank were essential to carry out the required tasks and in the grievor's case there was no compelling factor that would justify an AWSE promotion. Accordingly, the Committee recommended the grievance be denied as the grievor did not meet the conditions set out in CANFORGEN 060/00 in that the higher rank of Sgt was not essential for the grievor to perform his tasks, and there was no vacant position within the establishment.

CDS Decision Summary

CDS Decision Date: 2016–08–24

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