# 2018-145 Careers, Class A Reserve Service, Class B Reserve Service, Reserve Employment Opportunity

Case summary

F&R Date: 2019-12-23

The grievor was issued an Initial Counselling (IC) for a conduct deficiency and was facing charges in a civilian court. During that period, the grievor advised his unit that he was available for employment or training. However, the grievor‘s file was flagged in the Naval Reserves (NAVRES) X-file system and he had to wait several months before he was given an opportunity to go on training. The grievor argued that he was unfairly denied employment opportunities during this period and requested compensation for missed pay.

The Commander NAVRES, acting as the Initial Authority (IA), found that the grievor had been aggrieved. The IA found that, in accordance with the Defence Administrative Order and Directive 5019-4, Remedial Measure, an IC does not prevent a CAF member from being employed away from their home unit. However, the IA found that employment was not offered at the time the grievor requested it due to administrative delays. The IA also noted that the Canadian Armed Forces (CAF) have no obligation to employ a reservist simply because the CAF member indicates he is available for service. The IA also stated that the grievor could not receive pay when no service was rendered.

The Committee found that the grievor's training was not denied, but justly delayed in order to consider the consequences of his misconduct. Furthermore, the Committee noted that a reservist has no guarantee of CAF employment. However, the Committee found that NAVRES was using a monitoring system (X-Files) that was not fully understood by all and resulted in unnecessary delay in the grievor's training. Finally, the Committee concluded that the grievor was not entitled to compensation and recommended that the Final Authority (FA) not afford redress.

FA decision summary

The FA agreed with the Committee's recommendation to not provide redress but disagreed with the Committee's finding that the Naval Reserve “X-Files” system does not provide adequate procedural fairness. The FA found that there is no requirement for members to be advised or have the opportunity to provide representation when their names are added to the Royal Canadian Navy X-Files, as the system is a purely informational tool requiring no value judgments, and any negative effects come as a consequence of the administrative or disciplinary processes the members are involved in and not from being listed. She noted the grievor's contention that the functioning of the X-Files system is little known, but stated that she sees little reason to broadly disseminate the specifics as the need-to-know principle had to be taken into account.