# 2019-168 Careers, Acting while so employed, Promotion
Acting while so employed (AWSE), Promtion
F&R Date: 2021-02-23
The grievor alleged that the selection process for a reserve employment opportunity, for which they had submitted a job application, had several irregularities. They did not contest the validity or coherence of the results. Rather, the grievor alleged that they should have been selected for the position because, contrary to the other applicants, the grievor held the acting higher rank necessary for the position. As redress, the grievor requested they be posted to the desired position without a selection process.
The Initial Authority (IA) found that while the grievor had been aggrieved in certain regards, they were unable to grant redress. The IA explained that notices of reserve employment opportunity for Class “B” positions seek to demonstrate that the process is flexible, just, fair and accessible to the largest number of reservists possible. According to the IA, posting the grievor in their desired position without a selection process would not respect the intent of the process. Consequently, the IA ordered that a new job competition for the very same position be held when the current incumbent's mandate ends or earlier, should they decide to leave their position before the established end date.
Contrary to the IA, the Committee found that the grievor was treated in a fair manner, in line with applicable policies. More specifically, the Committee found that the grievor was evaluated individually by the selection committee and did not receive the minimum grade to qualify for the position. As such, the Committee found that the commander's decision, to not award the position to the grievor, had been justified.
The Committee recommended that the Final Authority (FA) not grant the grievor redress.
FA decision summary
The Acting Commander Canadian Army, as the FA, disagreed with the Committee's recommendation to deny the grievance. The FA stated that the Chief Military Personnel Instruction 20/04 provides that a position can only be under-ranked when no other qualified candidate at the appropriate rank is available. According to the FA, the chain of command acted contrary to policy by conducting a competition that included under-ranked positions even though there was a qualified candidate possessing the required rank. The FA noted that a competition may be necessary when there are applications from more than one candidate at the appropriate rank. However, he concluded that the selection process should not be used to eliminate a qualified candidate for the benefit of an under-ranked candidate. Therefore, the FA did not consider the fact that the grievor had not achieved the passing grade in his interview. The FA concluded that the grievor possessed the required rank and the required qualification because of the Army Operations Course, and was, as such, eligible for the position. The FA ordered that the grievor be awarded the position he sought and that a replacement position be offered to the under-ranked member, who accepted the Reserve Force's service offering in good faith so that he would not suffer any prejudice.
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