# 2016-213 - Class B Reserve Service, Reserve Employment Opportunity (REO), Reserve Employment Process

Case Summary

F&R Date: 2017–03–30

The grievor argued that the reserve employment opportunity (REO) hiring process he competed in was not conducted in accordance with CAF policy. The position, which was identified as requiring a Major, was awarded to an under-ranked member who held the substantive rank of Captain. The grievor's argument was that an under-ranked candidate cannot be selected over a qualified candidate who holds the required substantive rank.

The initial authority (IA) determined that the REO process was conducted in accordance with the Cadet Administrative and Training Orders and that personnel one rank higher or lower were eligible to be considered in the employment process. The Commander National Cadets and Junior Cadet Rangers Support Group Headquarters, jointly with the Chief of Reserves also stated that Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04 allows for flexibility in the REO process as the intent is to find the “most suitable candidate.”

The Committee found that, as the grievor was qualified for the position and held the rank required for the position, he should have been selected over the under-ranked candidate. Consequently, the Committee recommended that the grievor be appointed to the position for a period of three years as per the original REO.

FA Decision Summary

The DGCFGA, as the FA, agreed with the Committee's findings and recommendation that the grievor be appointed to the position. The selection process and methodology used contradicted the direction and intent of the applicable regulations, the CF Mil Pers Instr 20/ 04, specifically the selection of a Captain to fill a Major's position. The FA directed that the concerned CAF organization offer the grievor the position in question.