# 2017-087 - A Need for Quality Control on Enrolment Offer, Enrollment Transfer Posting (ETP) instruction, Pay

Case Summary

F&R Date: 2018–02–26

The grievor contested the amendments made by the Canadian Forces Recruiting Group (CFRG) to the pay increment (PI) and time credit for promotion (TCP) he was granted upon reenrolment in the Canadian Armed Forces (CAF). He contends that the considerable reduction in his pay resulted in financial hardship to his family. The grievor asked that the CAF honour the enrolment offer made to him and that a mechanism be in put place to review entitlements before an enrolment offer is presented to a candidate.

The Commander of the CFRG, acting as the Initial Authority (IA), found that the amendments were appropriate and in accordance with policy, and denied the grievance.

The Committee found that the CFRG indiscriminately applied the five year “break in service” window without consideration for the facts of the grievor's situation. The Committee's review determined that, during his interruption of service of more than five years, the grievor maintained relevant skills of military value, thus the provisions of sub-paragraph 204.015(4)a of the Compensation and Benefits Instructions apply to his case. Consequently, the Committee recommended that the grievance be granted and that the PI and TCP offered to the grievor on reenrolment be reinstated. In the event that the Final Authority disagrees with the Committee's finding, it remains unfair that the CAF retroactively and unilaterally changed an offer that was accepted and agreed to in good faith by both parties. In that instance, the Committee recommended that the Chief of Defense Staff forward the file to his legal advisors for determination of the question of liability.

Finally, the file showed that the offer had been made based on the information known at the time of the grievor's initial application, which was within five-year window of his earlier release. There was no quality control check of the enrolment offer until months after the grievor had reenrolled. The Committee has seen a number of such cases in the past, leading to significant financial impact on the affected CAF members and their families. Consequently, the Committee made a systemic recommendation for quality control on enrolment offers prior to being presented to the candidate.

FA Decision Summary

FA Decision Pending