# 2018-111 Careers, Class C Reserve Service

Case summary

F&R Date: 2019-11-06

The grievor, a Reserve Force (Res F) member on a Class (Cl) B terms of service (TOS), was selected by Canadian Forces Tasking and Planning Order to an international operation, departing 17 days later. The grievor was required to attend medical and social worker appointments the next day to complete Tier 2 Personnel Readiness Verification (PRV) tasks in accordance with Defence Administration Orders and Directives 5009-1. The grievor argued that the start date of his Cl C TOS should have been on the day of his first appointment because this appointment met the definition in Queen's Regulations and Orders for the Canadian Forces (QR&O), article 9.08, as “training and other duties necessary for the operation.”

The Initial Authority, the Commander of Canadian Joint Operations Command (CJOC), denied the grievance, determining that the proper Cl C start date was the date the grievor departed for the operation.

The Committee sought clarification from the Director of Military Careers Policy and Grievances (DMCPG) as the Canadian Armed Forces (CAF) subject matter expert for the Military Personnel Instruction 20/04 governing the hiring and employment of Res F personnel. The DMCPG advised that the grievor should be eligible for Cl C employment commencing on the day of his first appointment. The Committee concluded that Tier 2 PRV tasks are mission specific preparations that are only completed after a member has been selected for deployment. Therefore, these tasks cannot be considered as screening or selection administration.

The Committee then found that the CJOC directive contradicted the overarching CAF policy in QR&O 9.08 and Mil Pers Instr 20/04, and that it required immediate amendment to align with CAF policy. When CJOC staff were consulted, they confirmed to the Committee that they were in the process of amending their directive in this regard and that an interim directive was in place to start Cl C TOS 60 days prior to departure. The Committee recommended that the Final Authority (FA) grant redress by amending the grievor's Cl C TOS to start on the date he began Tier 2 PRV tasks.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, agreed with the Committee's analysis regarding start of Class C service leading up to deployment on an operation and granted the grievor an earlier Class C start date, as requested.

The FA noted that pursuant to QR&O, article 9.08, a member is eligible for Class C service when performing training and other duties necessary for an operation. Furthermore, the FA noted that Mil Pers Instr 20/04 section 5.3 establishes that Class C service is authorized during preparation related to an operation. Finally, the FA noted that Defence Administrative Orders and Directives 5009-1 explains that the Tier 1 PRV process consists of readiness verification items that all CAF members must complete, while Tier 2 consists of enhanced readiness verification items and is only used when specific members have been selected for a deployed operation or reintegration.

The FA found that the grievor's selection for deployment, which was initially communicated verbally, triggered the requirement to commence Tier 2 PRV and that the grievor's commencement of Tier 2 PRV made the grievor eligible for Class C service. In particular, the FA found that the grievor's attendance at a medical appointment where he was given a prescription for a mission specific immunization triggered the start of Class C service.

The FA declined to address the grievor's request that other affected members have their start dates adjusted, noting that QR&O 7.08(3) provides that a grievance shall not be submitted jointly with any other grievor. However, the FA agreed with the Committee's observation that the direction regarding Class C start dates set out in the CJOC Directive for International Operations contradicted the overarching policies and required amendment. The FA noted that the CJOC had issued interim guidance on 15 October 2018 directing that Class C start 60 days prior to deployment, but indicated that this interim guidance might still contradict the relevant policies. He advised that the policy interpretation in the grievance would permit CJOC to refine their policies.