# 2018-062 Careers, Selection Board

Case summary

F&R Date: 2019-11-06

The grievor grieved a Canadian Joint Incident Response Unit (CJIRU) selection process. The redress sought was a third party review of her assessment and, in the event of a favourable result, that she be transferred to the Chemical Biological Radiological Nuclear Operator (CBRN Op) occupation.

The Initial Authority on the grievance determined that the process had been conducted fairly and that the grievor had failed to meet some of the standards in the Assessment Phase for selection as a CBRN Op. Consequently, he denied redress.

The Committee's review of the file was constrained by CJIRU not releasing some of the testing information, in order to protect the integrity of the tests and the recruiting process. CJIRU released only general information to the Committee to enable a review of the selection process in which the grievor had participated. It was evident that grievor had not met some of the standards, but it was also discovered that an error in fact had been presented to the selection board. The Committee found that the error in fact was significant, but was unable to determine to what degree it had negatively impacted the grievor's selection as a CBRN Op. The Committee found that the grievor was aggrieved by the presentation of incorrect information to the selection board and recommended that the grievor be afforded a reconsideration of her file by a new CJIRU selection board.

FA decision summary

The Acting Chief of the Defence Staff (A/CDS) agreed with the Committee's findings that the grievor was aggrieved, but not with the recommended remedy. The A/CDS agreed that the error in the fact may have influenced the selection board in 2017 and for this reason, he decided to quash the results of the grievor's 2017 Assessment Phase, and all references to that assessment be removed from the grievor's records to eliminate the impact the error could have in any subsequent process, and therefore, the grievor will be eligible to reapply for the CBRN Op military occupational structure (MOS). The A/CDS found that based on the time that has passed, coupled with the grievor below-average result on the occupational fitness test, he was not prepared to grant the grievor a bypass, as the manner in which the Assessment Phase was assessed in 2017 is not a reliable measure to determine future assessments. The A/CDS found it imperative that the grievor be assessed fairly against the applicant pool and that any selection decisions be made based on the grievor's merits as they are at that time. Should the grievor be successfully reaching occupational functional point as a CBRN Op, the A/CDS directed that her pay and allowances be backdated to the date on which she would have commenced CBRN Op MOS training in 2017.