# 2019-035 Careers, Component transfer, Incentive pay category, Time in rank

Case summary

F&R Date: 2020-04-02

The grievor filed a grievance contesting the conditions of her component transfer (CT) to the Regular Force (Reg F), claiming that the transfer did not recognize her learning and experience acquired in the Reserve Force (Res F). As redress, the grievor requested that the rank, pay incentive (PI), incentive credit (IC) and time credit for promotion (TCP) of her CT be amended.

The Initial Authority (IA) denied the grievance on the basis that she did not meet the conditions for rank protection set out in Canadian Forces Military Personnel Instruction 03/08 (CF Mil Pers Instr 03/08) because she did not have four years of previous full time paid service (PFTPS), and therefore did not meet the TCP condition for promotion to the desired rank in the Reg F. The IA concluded that the rank, PI, IC and TCP granted in the grievor's CT to the Reg F were appropriate.

The Committee concluded that, in the grievor's case, the provisions of CF Mil Pers Instr 03/08 applicable to rank protection for a reservist during a CT did not require that the grievor meet the conditions for promotion applicable to Reg F members in order to retain a rank. The Committee recommended that the Final Authority (FA) grant redress to the grievor by amending the CT to take into account the grievor's PFTPS at the rank in question in the Res F.

FA decision summary

The Director Canadian Forces Grievance Authority, as the FA, disagreed with the Committee's recommendation to allow the grievance. The FA found that the grievor's situation at the time of her CT did not meet one of the criteria set out in CF Mil Pers Instr 03/08. The FA noted that the prior learning assessment had concluded that the grievor's work experience and civilian qualifications did not meet the Qualification level 5 and that she did not meet the Reg F promotion criteria because she did not have four years of qualifying service.