# 2016-230 - Acting Rank, Reversion in Rank

Case summary

F&R Date: 2017–05–18

The grievor contested the Director Military Careers (D Mil C) decision to revoke his acting rank after he failed to complete required training to qualify for the higher substantive rank in the time specified. The grievor maintained that he had little opportunity to complete his training, primarily due to events beyond his control. The grievor requested that he be reinstated to his acting rank and that he be nominated for the next available training course.

The Initial Authority (IA) found that in accordance with Canadian Forces Administrative Order (CFAO) 49-4, when a member failed to qualify within the time specified, due to other than service reasons, the member was to be reverted to their substantive rank. The IA found that the delays encountered by the grievor were not attributable to service reasons and concluded that the D Mil C decision to revert the grievor's rank was correct and in accordance with the applicable policy.

The Committee found that while the decision to revert a member's rank was discretionary, that discretion had not been exercised reasonably given the long term negative repercussions on the grievor's career. The Committee recommended that the grievor's acting rank be reinstated and that he be nominated for the next available training course.

FA decision summary

The Director General Canadian Forces Grievance Authority, acting as the Final Authority (FA), accepted most of the Committee's findings and agreed with its recommendation that the grievor's acting rank be reinstated and that he be registered in the next available course. 

The FA agreed with the Committee that rank reversion for failing to attend a required course was discretionary. The FA found that it was unreasonable to revert the grievor to his substantive rank given all of the circumstances and the impact the reversion would have had on the grievor's career. The FA noted that the delays in the grievor's training, related to family responsibilities, should not have been considered as factors supporting rank reversion. Indeed, the Canadian Human Rights Act prohibits discrimination on the basis of family status.