# 2019-046 Pay and Benefits, Acting Rank, Career Action

Case summary

F&R Date: 2019-12-24

The grievor disputed being twice loaded onto a career course in a short period of time; being relinquished in rank; and, being repatriated early from her outside Canada (OUTCAN) posting. The grievor argued that she had two years to complete the required course and that the Canadian Armed Forces should have been more flexible when she requested a deferment. She asserted that she requested a relinquishment of rank rather than risk an administrative review (AR) and reversion of rank when her request to defer the course was denied. She contended that her Commanding Officer (CO) ignored her concerns for her well-being and that she should not have been repatriated.

The Initial Authority (IA) found that, in accordance with Canadian Forces Administrative Order (CFAO) 49-4, members who hold an Acting Lacking rank are the top priority for course loading to obtain the required qualification. The IA also stated that the CFAO stipulated that an AR and rank reversion could occur if a member declined a required course. The IA explained that the grievor's CO was unaware of any health issues as the grievor always referred to the conflict with her Master's degree as the reason to defer her course. The IA also stated that after the grievor relinquished her rank, there was no vacant position at the lower rank at the OUTCAN unit and she was therefore repatriated and posted to a position at the appropriate rank level.

The Committee noted that the grievor had misinterpreted the policy and was mistaken in believing that there was a two-year window to obtain the missing qualification. The Committee found that loading the grievor onto the course to obtain her missing qualification as soon as possible was fully compliant with CFAO 49-4. The Committee also found that the grievor's request to relinquish her rank was correctly administered and, the decision to repatriate her when she no longer held the rank required for her position was appropriate. Consequently, the Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee that loading the grievor on the first available Primary Leadership Qualification course after being appointed Acting Lacking Master Corporal (MCpl) had been in accordance with the requirements set out in Canadian Forces Administrative Order 49-4, that the grievor made an informed choice to relinquish the MCpl appointment, and that, following the relinquishment, a posting had been necessary as there were no vacant Corporal positions at the grievor's place of duty.