# 2016-180 - Class C Reserve Service

Case Summary

F&R Date: 2016–12–28

The grievor was serving on a period of Class “C” Reserve Service when, two week into the period, she was served with a 30-day notice of termination on the basis that she was unfit for operational duties at the start of her employment. The grievor argued that her medical condition was known by her chain of command prior to the start of her period of Class “C” Reserve Service, who reassured her that it would not impact her employment. She also argued that her medical condition was only temporary and she was on a return to work program. Finally she claimed that the early termination of her employment resulted in a difficult financial situation. The grievor was asking for financial compensation equal to the loss of military pay.

The Initial Authority (IA) denied redress, finding that the grievor had to be deemed fit for operational duties in order to start her employment. The IA stated that it was the grievor's responsibility to ensure the chain of command was aware of any change in her medical condition. The IA = concluded that terminating her employment on a 30-day notice was reasonable.

The Committee determined that, as per the applicable policies, it was the employing unit's responsibility to ensure that the grievor met all the minimum operational standards related to her employment prior to the start of her employment, and as such, the unit failed to fulfill its duties. The Committee also concluded that the employing unit had the authority to terminate the grievor's employment. However, before terminating the grievor's period of service on the basis that she was unfit, the unit should have made efforts to fulfill the terms of the original period of employment as required by the relevant policy. Also, given that Class “C” Reserve Service is intended to employ Reservists under conditions similar to those of the Regular Force (Reg F), the Committee found that the employing unit should have considered the normal Reg F practice in the matter, which includes affording a retention period of up to six months, which would have been a reasonable period given the grievor's personal circumstances. The Committee therefore recommended that the grievor be offered a five-month period of Class “B” or Class “C” Reserve Service. Alternatively, if such an option is not possible under the circumstances, the Committee recommended that the grievor be granted an ex gratia payment by the Chief of the Defence Staff equivalent to the military pay she would have earned during a five-month period of Class “C” Reserve Service.

FA Decision Summary

FA Decision Pending