# 2016-120 - Administrative Review, Release

Case Summary

F&R Date: 2016–08–25

The grievor asked that his next posting be canceled, as he opted for a voluntarily release the CAF after 30 years of service. As this was seen as an attempt to avoid a posting, the Director of Military Careers (DMC) ordered the grievor's release, with retirement leave effective on the scheduled posting date, which was two months earlier than the release date requested by the grievor. The grievor contested the DMC's decision.

The Director General Military Careers, as the initial authority, dismissed the grievance, also concluding that the request was an attempt to avoid a posting and that the DMC's decision complied with the applicable policy.

The Committee concluded that the circumstances did not meet the definition of an attempt to avoid a posting within the meaning of Canadian Forces Administrative Order 15-2 – Release – Regular Force. The Committee determined that the grievor had put his house up for sale in light of his upcoming release more than six months before he received his posting message. The grievor had also informed his chain of command as soon as he had found out about a possible posting and had submitted his release before he received his posting message. According to the Committee, the grievor had exercised due diligence by requesting the cancellation of his posting, since he was entitled to be released with a 30-day of notice and could have accepted his posting, taken advantage of the relocation benefits, and then again obtain relocation benefits for his intended place of residence upon his release.

The Committee concluded that the grievor had been aggrieved by the DMC's decision to release him more than two months before the date requested. Under these circumstances, the Committee recommended that the CDS determine the most appropriate redress for the harm done to the grievor. The Committee recommended that, at the very least, the CDS recognize that the grievor was treated unfairly and that he should have been released on the requested date, not on the imposed date.

FA Decision Summary

The CDS did not agree with the Committee's recommendations and found that the grievor had been treated in accordance with the applicable policy. Referring to the CAF mission and Defence Administrative Order and Directive 5023-0 (Universality of Service), the CDS reaffirmed that posting a CAF member is one of the tools available to them fulfill its mission. The CDS found that, on the balance of probabilities, the grievor had been informed in June of his possible posting to another province and chose to ask for his release in September, the day prior to his posting message being issued, in order to avoid that posting. Consequently, the CDS found that it was compliant to CFAO 15-2 and reasonable for D Mil C to determine that the start of the grievor's terminal leave would coincide with the anticipated posting date. However, given that the same policy requires a CAF member provide at least 30 days prior to release under item 4(a), the CDS found that the direction in Standard Operating Procedure (SOP) 009 is restrictive and inflexible, as the grievor's terminal leave started only 12 days after the administrative review decision. The CDS therefore asked the Director General Military Careers to conduct a review of SOP 009 to ensure that the CAF also provide at least 30 days of notice to its members who ask for a voluntary release in order to avoid a posting.