# 2015-153 - Terms of Service

Case Summary

F&R Date: 2015–08–11

The grievor grieved the denial of the Director Military Careers Administration (DMCA) to grant him an IE20 (Intermediate Engagement of twenty years) Terms of Service (TOS) in November 2014.

The grievor argued that based on his Course Report for 2002 to 2005 from the Royal Military College of Canada (RMC) and the supporting letter from his former Commanding Officer (CO), he was qualified for, and therefore should have been offered, an IE20 before the TOS policy changed on 1 May 2005. The grievor also argued that while at RMC he did not have access to information about the TOS policy change in which the IE20 was eliminated and replaced by an IE25. He asked to be granted the IE20.

The Initial Authority (IA) agreed with DMCA's denial to grant an IE20, finding that while the grievor's CO had had the authority to offer an IE20 prior to May 2005, such an offer was dependent on a candidate demonstrating satisfactory trade advancement and trade performance, neither of which the grievor was able to demonstrate prior to May 2005, as he was then a third year student at RMC. The IA also agreed that as no administrative error was evident in the handling of the TOS, the only TOS the grievor could be offered in 2014 were those that accorded with the Assistant Deputy Minister (Human Resources – Military) Instruction 05/05 and Canadian Forces General Messages 067/05 and 031/09, neither of which provide an IE20 as an option.

The Committee found that the grievor was not eligible to be offered an IE20 in 2005 as he was only in his third year at RMC and was not occupationally qualified. As such, it would not have been possible for his CO to observe satisfactory trade advancement or satisfactory trade performance, both of which were prerequisites to be offered an IE20. The Committee recommended the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–11–13

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