# 2017-082 Careers, Promotion, Reversion in Rank

Case Summary

F&R Date: 2018–02–23

The grievor had been promoted to an Acting/Lacking (A/L) rank. Over the next four years, he was unable to complete his occupational training due to Medical Employment Limitations (MEL). As a result, he was reverted to his substantive rank.

The grievor disputed his reversion in rank, stating that it was premature and discrimination. He contended that the Administrative Review for rank reversion should not have occurred because of his medical condition. He requested to be returned to his acting rank until he could benefit from a “medical remuster”.

The Committee first found that the grievor failed to establish a case of discrimination. The Committee then referred to Canadian Forces General message (CANFORGEN) 012/17 which addresses the de-linking of medical condition from promotion criteria. However, the Committee noted that the decision to revert the grievor's A/L rank was taken before the issuance of the CANFORGEN, and that paragraph 7 states that the policy is not retroactive. The Committee found that this CANFORGEN could not be applied to the grievor's case.

The Committee concluded that the policy in effect at the time, Canadian Forces Administrative Order 49-4, provided the discretion to revert the grievor's A/L rank, because he was unable to complete the training required for substantive promotion and there was no reliable indication that his situation would change in the near term. Therefore, the Committee found that the reversion to substantive rank was justified and completed in accordance with the applicable policy.

Finally, the Committee found that the particular circumstances of the case did not support or justify the Chief of the Defence Staff exercising his authority to waive the requirements for substantive promotion. The Committee recommended that the grievance be denied.

FA decision summary

The CDS agreed with the Committee's recommendation that the grievance be denied. He found that the grievor's reversion in rank was in accordance with policies applicable at the time since the grievor's Medical employment limitations precluded attendance to occupational training. He noted, however, that the policy had since changed with the issuance of CANFORGEN 012/17 - DE-LINKING OF MEDICAL CONDITION FROM PROMOTION CRITERIA. The CDS also concurred with the Committee's finding that the rank reversion did not constitute discrimination, considering that the training was a bona fide occupational requirement in the grievor's occupation.