# 2017-042 - Promotion

Case Summary

F&R Date: 2017–07–27

After being chosen for a Class B Reserve position in the Canadian Army Doctrine and Training Centre (CADTC) Primary Reserve List (PRL), the grievor received a promotion to acting rank while so employed (A/WSE) to the rank of major. In his grievance, the grievor argued that he should have received a substantive rank of major upon this promotion. He contended that the usual procedures were not followed, as members of CADTC PRL's chain of command (CoC) had interfered in the decision-making process of his former commander (Comd) regarding matters outside their area of authority.

Comd CADTC, acting as Initial Authority (IA), denied the grievance. He found that the A/WSE promotion to major was fair and that it had been handled in accordance with the applicable policies. He explained that the Canadian Armed Forces (CAF) promotion process is merit-based and that being selected for a position requiring a higher rank does not justify a promotion to substantive rank.

The Committee concluded that the grievor was eligible for a promotion to the substantive rank of major because had had been chosen for a Class B Reserve Service position at that rank and had demonstrated the required potential for promotion, based on his skills and merit. Given the expressed intent of the applicable policies, the Committee noted that CADTC CoC should have been more flexible and immediately forwarded the grievor's case for meriting to determine whether he was deserving of a promotion to substantive rank at the time of his transfer.

The Committee recommended that the grievor be retroactively promoted to the substantive rank of major as of the date he took up his Class B Reserve Service position at CADTC.

FA Decision Summary

The Final Authority (FA) agreed with the Committee's findings and was mainly in agreement with its recommendations. The FA found that the grievor had been treated unfairly and granted the promotion sought, effective two months earlier than the date recommended by the Committee.

The FA found that there was a vacant position, that the grievor had been recommended for promotion and met all promotion requirements. The FA noted that the issue stemmed from the fact that the promotion authority to whom the grievor reported could not authorize a promotion for a position belonging to another unit; however, the FA found that process to consider the grievor's promotion was policy-compliant and that he should have been promoted. Specifically, the FA found that the grievor's promotion could have been approved before he commenced his new position.

The FA concluded that the grievor should be promoted as of the day he met all promotion requirements, which he determined was the date the grievor commenced a short period of Class B Reserve Service.

The FA noted that a review of the promotion process for reservists belonging to different Primary Reserve Lists was underway and would be completed in 2019.