# 2018-140 Careers, Promotion Date While on Maternity/Paternity Leave

Case summary

F&R Date: 2019-05-21

The grievor was to be promoted upon a posting to a higher-ranked position outside of his geographic area. The posting and promotion were delayed, and ultimately cancelled, to accommodate the grievor's parental leave and subsequent compassionate posting status. The grievor claimed that delaying his promotion while he was on parental leave constituted discrimination on the basis of family status. As redress, he requested that he be promoted retroactively to his original posting date.

The Committee determined that in accordance with Canadian Armed Forces (CAF) policy, postings are used to meet Service requirements, and promotion only follows when a CAF member is identified for assignment to a higher-ranked position. In the grievor's case, the Committee found that the grievor had refused any postings outside of his geographical area due to his difficult family situation. The Committee did not find that the grievor's promotion was delayed due to his parental leave, but because he had refused to accept available postings to a position at a higher rank. Consequently, the Committee found that the grievor had not been subject to discrimination and recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation that the grievance be denied. He found that the grievor's request for compassionate status in order to delay his posting meant that he did not meet the requirement to fill a vacancy, as provided for by Queen's Regulations and Orders for the Canadian Forces 11.02. The CDS also agreed with the Committee's finding that the delay of his promotion did not constitute discrimination.