# 2017-118 Careers, Administrative Review, Compulsory Occupational Transfer, Course Failure, Medical Condition, Pay, Relinquishment of rank, Training failure

Administrative Review (AR), Compulsory Occupational Transfer (COT), Course Failure, Medical Condition, Pay, Relinquishment of rank, Training failure

Case Summary

F&R Date: 2017-04-26

The Canadian Armed Forces (CAF) granted the grievor a number of occupational transfers over the period of a few years. After failing to complete a subsidized education program within the required time, he had to abandon his officer's commission and was transferred to a non-commissioned member (NCM) occupation. The grievor alleged that a diagnosis, made after he was transferred and stating that he had had presbycusis for many years, established a causal link between his medical condition and his need to change occupations on a number of occasions. He therefore asked that the reason for his transfer be amended to reflect the fact that it was a medical reason, which would have protected his pay rate under the applicable policies. His Commanding Officer found that the grievor's hearing problems were not what had obliged the grievor to abandon his officer commission and to transfer to an NCM occupation, but the fact that he had not completed his university education within the time required in order to be transferred to another officer occupation.

The Commander of Military Personnel Command, acting as the Initial Authority, concluded that the grievor had been treated in accordance with the applicable policies. He noted that the grievor was never imposed permanent medical employment limitations and, consequently, he could not qualify for an occupational transfer for medical reasons. He also stated that the grievor had been able to change occupation a number of times and that one of these transfers had necessitated a significant financial investment from the CAF, yet the grievor had not fulfilled his part of the bargain by failing to successfully complete his subsidized education within the time required.

The Committee did not accept the grievor's argument that his occupational changes had been the result of his presbycusis. The Committee found that the grievor's transfer to an NCM occupation and his abandoning his commission were the result of his failure to successfully complete his university studies within the time required. The Committee therefore concluded that the grievor had been transferred in accordance with the applicable policies and that the loss of his officer's salary was not the result of his medical condition, meaning that he was not eligible for the pay rate protection he requested. The Committee recommended that the grievance be denied.

FA Decision Summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendations.

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