# 2018-141 Careers, Military Occupation, Promotion

Case summary

F&R Date: 2019-03-29

These grievors contended that they had been disadvantaged by structural changes to the music branch, which unfairly delayed their promotions to Sergeant (Sgt). The grievors argued that they should be promoted in accordance with the music branch promotion policy that was in effect at the time of their enrolments.

The Committee determined that the implementation plan for major changes to the music branch structure had not been well communicated, resulting in uneven treatment of serving musicians. The Committee found that the “grandfather clause” in the implementation plan was arbitrary rather than the result of a thorough analysis of the impact of the changes on serving musicians. The Committee concluded that there were 14 musicians whose promotions to Sgt would be delayed by up to ten years, from what they had expected, as a result of the new branch structure.

The Committee recommended that the Final Authority (FA) either amend the grandfathering clause in the implementation plan to protect those members who were serving at the time; or, promote those members who had enrolled under the previous promotion policy to acting Sgt prior to the implementation date of the new structure.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, did not concur with the Committee and denied the grievance. He did not address the grievors' contention that other members in the same situation had been treated differently, permitting them to be promoted before the new structure was in place, stating that while the situation of others might seem similar, they were seldom identical. He noted that the occupational restructuring was required and commented that while it might seem unfair that the grievors had been affected by the new policy, all Canadian Armed Forces members must abide by new policies as they come into effect. He noted that recruitment material reflecting the old policy continued to be used after the new policy came into effect but found that this was mitigated by the issuance of two Canadian Forces General Message. He rejected the grievors' contention that the grandfather clause was arbitrary, stating that whenever there is a change in policy, it is recognized that some individuals may be negatively impacted, and that the cut-off had been established in the fairest possible way. He concluded that the revised promotion criteria were reasonable, justified, and fairly applied.