# 2017-022 - Acting While So Employed (AWSE)

Case Summary

F&R Date: 2017–07–06

The Committee considered whether the grievor, a Cadets Organization and Administration Training Service member, was entitled to Acting While So Employed (AWSE) promotion for two overlapping periods when he fulfilled the duties and responsibilities of higher positions.

The Initial Authority acknowledged that the grievor assumed additional responsibilities, but maintained that those responsibilities did not require the grievor to be at a higher rank to perform them. Citing Cadet Administrative and Training Order (CATO) 22-02, the Initial Authority also found that the grievor did not assume the additional responsibilities for at least 12 months as required by the policy.

As the grievor had not received a Personnel Evaluation Report or Personnel Development Report for several years, the Committee requested the Terms of Reference for the positions in question and found that the grievor did in fact perform the primary duties and responsibilities of the higher-ranked positions.

Applying the “test” for AWSE promotion established in previous Final Authority decisions, the Committee found that the grievor had been employed in a position established at a higher rank, that he was assigned the full spectrum of duties and responsibilities of the higher-ranked position and that he was employed in the higher-ranked position for at least 90 days. Accordingly, the Committee recommended that the grievor be promoted AWSE for the specified period in which he acted in the higher rank.

FA Decision Summary

The FA, the DGCFGA, agreed with the Committee's recommendation that the grievance be upheld. Noting that CANFORGEN 00/60 does not apply to Res F, he nonetheless considered the intent of the provision, as “Res F pay is benchmarked using Reg F pay”. He explained that “TC pay compensates for a myriad of unique CAF conditions of service”, including acting pay, whether the member is actually acting or not. He reiterated that it is customary for a CAF member to act on behalf of their commander or supervisor, by interim without being granted acting pay or acting rank. He found that CATO 22-02 paragraph 19, which indicates that the criteria for AWSE include the provision that one would be in a higher-ranked position for at least twelve months to be too restrictive. The FA used its authority under QR&O 11.02 to waive the AWSE criteria and retroactively promoted the grievor to AWSE Sgt.