# 2019-087 Releases, Medical Employment Limitation, Release - Medical

Case summary

F&R Date: 2019-08-23

The grievor challenged the decision to retain him in the Canadian Armed Forces (CAF) rather than release him on medical grounds. He submitted that his medical practitioner had advised him that his medical employment limitations (MEL) met the prerequisites for a medical release.

The Initial Authority denied the grievance on the basis that the grievor's medical condition was evaluated and determined not to be severe enough to be at high risk of contravening the Universality of Service principle (U of S).

The Committee noted that prior to 2018, the CAF interpreted MEL very strictly, but a recent systemic review of MEL interpretation resulted in less restrictive interpretations that enabled some CAF members to be retained, although in the past they may have been released. In the grievor's case, the Committee found that that the explanation of how his MEL were deemed to be at low risk of breaching the U of S clearly demonstrated that the relevant factors were considered in the decision to retain him in the CAF. Accordingly, the Committee recommended that the grievance be denied.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.