# 2015-205 - Breach of Contract/Promise, Component Transfer (CT), Entry into the Promotion Zone

Case Summary

F&R Date: 2016–02–04

After undergoing a component transfer (CT) from the Reserve Force to the Regular Force, the grievor attended university under the auspices of the Regular Officer Training Plan (ROTP). The CT offer which the grievor had accepted indicated that he would be promoted to Lieutenant (Navy) upon graduation from university; however, four years later, just before his graduation, the grievor was advised that he would only be promoted to Acting Sub-Lieutenant (A/Slt) upon graduation. The grievor contended that this change was unfair and argued that the CT offer he had accepted should be honoured.

The initial authority (IA) denied redress and found that there was an error in the original CT offer but that this did not create an entitlement for the grievor. He added that it would be unfair to other ROTP candidates in similar circumstances if the error was not corrected.

The Committee reviewed the subsidized education training plans and found that the University Training Plan - Non Commissioned Members (UTPNCM) was the more suitable plan to recognize the grievor's significant previous Reserve Force service. The Committee noted that the Chief of the Defence Staff had also directed this change in entry plans in several previous files of a similar nature.

The Committee noted that if the grievor's entry plan was changed to UTPNCM, he would be entitled to promotion to SLt upon graduation and his financial position would be very similar to what it would have been if the original CT offer had been honoured. In the alternative, the Committee recommended that the grievor's file should be forwarded to the Director Civil Claims and Litigation for assessment for financial compensation on the basis of a breach of promise.

CDS Decision Summary

CDS Decision Date: 2016–06–27

The FA agreed with the Committee's findings and recommendations. The FA agreed with the Committee's finding that the plan which was more suitable to the grievor's circumstances was the UTPNCM. The FA also agreed with the Committee that the grievor should have been promoted to the rank of A/Slt with an immediate promotion to SLt upon graduation. The FA agreed with the Committee's recommendations that the grievor's promotion to A/Slt be amended as taking effect 1 May 2014 with immediate promotion to SLt, that the grievor's EPZ to Lt(N) be amended to 1 May 2017; and that a comprehensive review of his pay be conducted to ensure that he was properly remunerated. The FA is silent on the issue of the breach of promise argument.