# 2016-083 - Acting While So Employed (AWSE), New Interim Direction – Acting While So Employed (AWSE) Promotion

Case Summary

F&R Date: 2016–07–29

The grievor claimed he was not properly compensated for 14 months in which he acted in a higher ranked position. As redress, he requested acting pay and an amendment to his personnel records indicating that he had been promoted Acting While So Employed (AWSE) for the period in question.

The Initial Authority denied redress on the grounds that the grievor did not meet all of the conditions required by Canadian Forces General (CANFORGEN) message 060/00 - Acting Pay/Rank.

The Committee noted that CANFORGEN 060/00 is outdated and no longer reflects the CAF' position on AWSE promotions.The Committee applied the criteria used over the years by several CDS on AWSE grievances and concluded that the grievor had been employed in a higher ranked position in which he performed the complete set of duties and responsibilities for more than 90 consecutive days. On that basis, the Committee found that the grievor should be promoted AWSE for the 14 months in question.

The Committee recommended that the CDS exercise his discretion under articles 3.05 and 11.02(2) of the Queen's Regulations and Orders for the Canadian Forces and promote the grievor AWSE for the period he acted in a higher ranked position.

The Committee also made a Systemic Recommendation to address the outdated CANFORGEN 060/00.

FA Decision Summary

The FA agreed with the Committee's findings and recommendation that the CDS discretion under articles 3.05 and 11.02(2) of the QR&O be exercised and that the grievor be promoted AWSE for the period he acted in a higher ranked position. The FA agreed with the Committee's systemic recommendation that a new CANFORGEN be relesased, providing interim guidance and direction on qualifying and obtaining approval of AWSE pending the promulgation of a new DAOD on promotion.