# 2015-240 - Establishing Validity of, and Making Valid, Religious Rites and Rituals Performed Without Credentials , Harmonization of Definitions of Occupational Transfers in Military Careers Compensation and Benefits Policies , Monitoring of Chaplain Credentials, Pay, Pay upon Voluntary Occupational Transfer (VOT), Relinquishment of Rank

Case Summary

F&R Date: 2016–01–22

The grievor argued that he should have received pay protection upon his occupational transfer (OT) from Chaplain to Steward because he felt that his transfer met the definition of a Compulsory Occupational Transfer (COT). He argued that his transfer was not voluntary because he had been unable to maintain his denominational license and credentials to practice as a Chaplain due to obstacles created by his postings in the CAF.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), found that the grievor was personally responsible for letting his professional license expire, thereby losing his religious credentials, and for the resulting termination of his employment in the Chaplain occupation. The IA found that the grievor's situation is described as a “personal inefficiency” in the definition of Voluntary Occupational Transfer (VOT) found in Compensation and Benefits Instructions (CBI) 204.03(1)(b), and therefore his pay was not protected.

The Committee found that, although there were likely challenges to the grievor maintaining his religious credentials arising from the nature of his postings, there was no evidence presented in the file that a serious effort had been made by the grievor to maintain his credentials. The Committee therefore found that the grievor's loss of ability to serve in the Chaplain occupation was the result of his own personal decisions, and that for the purpose of pay protection under the CBI, those decisions resulted in a VOT which provides no entitlement to pay protection.

The Committee recommended that the grievance be denied.

The Committee also made three Systemic Recommendations: one regarding the harmonization of the different definitions of COT and VOT; another regarding the monitoring of the validity of CAF member's religious credentials; and a third regarding the validity of the rites and rituals performed by the grievor.

FA Decision Summary

There is no Final Authority decision as the grievor withdrew the grievance.