# 2016-073 - Class C Reserve Service

Case Summary

F&R Date: 2016–07–29

The grievor, a reservist, was denied a request for an exemption from the perstempo policy in order to take part in an international deployment less than a year after his return from a previous deployment. He contested the refusal of his request, stating that the decision had been made for what he considered contextual reasons and had taken an unreasonable length of time. Having quit his civilian job during the pre-deployment process, he was requesting that he be paid the salary and allowances he would have received if deployed.

No initial authority was assigned to the file, as the decision that led to the grievance had been made by a direct subordinate of the CDS.

The Committee concluded that the refusal to grant an exemption regarding the frequency of deployment of personnel had been communicated to the grievor well in advance of the scheduled date of deployment, and that it was reasonable under the circumstances and in keeping with the spirit of Canadian Forces General Message (CANFORGEN) 082/07. The Committee also concluded that the grievor was well aware of the need to obtain prior authorization from the Commander Canadian Army, since he had already received such an authorization in the past. The grievor had therefore acted prematurely in quitting his civilian employment when he did.

The Committee recommended that the grievance be denied.

FA Decision Summary

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