# 2019-100 Careers, Incentive Pay Category

Incentive Pay Category (IPC)

Case summary

F&R Date: 2020-10-27

The grievor, having previously commissioned under the Special Commissioning Plan (SCP), was promoted to Captain (Capt) effective the same day as his pay increment increase as a Lieutenant (Lt). The grievor contested the denial of his request to delay his promotion date by one day in order to benefit from a greater pay increase upon his promotion to Capt. The grievor further argued that those paid under Lt pay levels “D” and “E” like himself unfairly receive a lesser pay increase on promotion to Capt than the other Lt pay levels.

The Initial Authority (IA), the Director General Military Careers, denied the grievance, finding that the grievor's promotion was conducted in accordance with applicable policy. The IA noted that promotions are not based on the financial desires of its members. The IA also confirmed with staff at the Director Pay Policy and Development that the grievor's rate of pay was policy compliant.

The Committee noted that, under the SCP, the Canadian Forces Administrative Orders (CFAO) 11-6 and the Canadian Forces General message 051/15, established a minimum time of three years in rank as a Lt for promotion to Capt. The Committee also reiterated that the CFAO provides that individual merit and the military requirement are the basis for promotion. The Committee found that as the grievor completed his three years as a Lt and was deemed to have met all other promotion requirements, his promotion to Capt was in accordance with applicable policy.

Regarding his pay level, the Committee noted that articles 204.04 and 204.08 of the Compensation and Benefits Instructions (CBI) provide that a member's rate of pay is to be established based on their rate on the day prior to their promotion. In calculating the grievor's rate of pay, as per the CBI, the Committee found that his rate upon promotion to Capt was correctly determined. Finally, the Committee noted that Lt pay levels “A”, “B” and “C” result in a greater pay raise on promotion to Capt because they are considerably lower pay levels than “D” and “E”. The Committee also noted that the grievor's special qualifications were recognized when assigning his rate of pay upon his commission, which allowed him to benefit from a much higher pay rate throughout his time as a Lt. Therefore, the Committee found that the pay increase he received upon promotion to Capt was reasonable.

The Committee recommended that redress not be granted.

FA decision summary

The Canadian Forces Grievance Authority, as Final Authority (FA), agreed with the Committee's recommendation to deny the grievance. The FA found that the grievor's promotion date was correctly determined and that there was no justification to adjust it in order to allow the grievor to receive one additional Incentive pay category prior to the date of his promotion.

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