# 2017-039 - Career Action, Career Progression, Compassionate Posting

Case Summary

F&R Date: 2017–07–07

The grievor's compassionate status was extended beyond the two-year period without his consent. He argued that the personal situation for which the compassionate status was granted was no longer present and that he had no limitation on his employability and his deployability. He requested that his compassionate status be lifted as extending it unduly stalled his career progression. The initial authority did not render a decision within the prescribed time limit and the grievor asked for his file to be sent to the final authority.

The committee determined that neither the chain of command, nor the military career personnel, took action before the end of the compassionate status, as required by the applicable policy, which invalidated the need for an extension. The committee also determined that the reasons cited for imposing an extension were unreasonable, as it was the behaviour of the grievor's wife that rather than the grievor's employability and deployability which was at issue.

The committee therefore recommended that the compassionate status be lifted, with a retroactive effective date, and that any undue impact on the grievor's career progression be cured.

FA Decision Summary

The FA, the DGCFGA, agreed with the Committee's recommendation that the grievance be upheld. The FA noted that, in accordance with DAOD 5003-6, the CO had a responsibility to assess the grievor's situation; consult with D Mil C and make recommendation when the grievor requested that his compassionate status be lifted. Noting the Committee's concerns with regards to the assessment that was made at the time, the FA also found that the CO should have taken the pre-determined end date into consideration; but disagreed that “D Mil C's established procedure of conducting an AR on every member coming to an end of a compassionate status period was not required”. He found that “the use of an AR does not contradict the DAOD, rather, it is a tool to assist D Mil C in rendering an informed decision. He agreed with the Committee's finding that the situation for which the status was initially granted need not to be entirely resolved for it to be lifted. He explained that "the deciding factor with regards to the removal of compassionate status is based on a determination as to whether the personal circumstances of a CAF member still limit the CAF member's deployability, including the ability to be posted to different geographical locations, or the ability to perform duties by the end of the approved period of compassionate status". He agreed that the grievor's CO did not demonstrate how his perception of his spouse's health affected his employability and deployability and that there were no evidence that it was the grievor's case. He directed that the grievor be retroactively removed from compassionate status and that any limitations, including promotion restrictions, be also removed.