# 2019-185 Careers, Class B reserve service

Class B reserve service

Case summary

F&R Date: 2021-03-23

The grievor alleged that the selection process for the reserve employment opportunity, tor which they applied, was marked by several irregularities. They did not contest the relevance of the questions asked or the validity or coherence of the final results they received. Rather, they alleged that they should have been chosen for this position because they held all the qualifications to be promoted to the next rank.

As redress, the grievor requested a promotion as well as a full-time position within their current geographic region, without having to undergo a new reserve employment opportunity process.

The Initial Authority was not in a position to make a decision within the required time frame.

The Committee found that although the grievor had all the required qualifications to be promoted to the next rank, this did not give them priority in the selection process.

Lastly, the Committee found that the grievor had been treated fairly and in accordance with applicable policies throughout the selection process for a reserve employment opportunity in a class “B” position. Moreover, the grievor, who had been individually evaluated by the selection committee, did not rank first. That being said, the Committee found that the commander's decision not to award the position to the grievor was justified.

The Committee recommended the Final Authority (FA) not grant the grievor redress.

FA decision summary

The Acting Commander Canadian Army, as the FA, agreed with the Committee's recommendation to deny the grievance, noting that Chief Military Personnel Instruction 20/04 provides that a position can only be under-ranked when no other qualified candidate is available. According to the FA, the unit should have held a competition open to under-ranked members only if no qualified member at the appropriate rank had expressed interest. The FA explained the difference between qualifications and skills, noting that the policy refers only to qualifications. He found that conducting a competition, which included under-ranked members when a qualified member possessed the required rank, was contrary to policy, as was the decision to select an under-ranked candidate. Consequently, the FA found that the grievor did not actually meet the eligibility criteria of the desired Reserve Force service offering, including rank, and denied the grievance. 

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