# 2019-188 Careers, Acting while so employed, Medical employment limitations, Promotion

Case summary

F&R Date: 2021-04-27

The grievor objected to the Base Surgeon's decision to refuse to review his permanent medical category (PCAT) so that he would be eligible for promotion to the acting rank of warrant officer (WO).

As redress, the grievor asked that the Director Medical Policy review his medical file and assign him a PCAT and medical employment limitations (MELs) allowing him to be granted retroactive promotion to the acting rank of warrant officer. Failing that, he asked for an acting while so employed (AWSE) rank, as he had been posted to WO positions in the past and had performed all the duties and responsibilities of those postings for two years.

The Initial Authority denied the grievance, concluding that the grievor had been treated fairly and in accordance with applicable rules, regulations and policy.

The Committee concluded that the PCAT and MELs assigned to the grievor were justified and that he was not eligible for promotion to the acting rank of warrant officer.

However, the Committee concluded that the grievor met the three conditions established by the Chief of the Defence Staff (CDS) to grant AWSE rank at the WO rank for the periods during which he had held the responsibilities of that rank. The CDS pointed out that it would be unfair not to grant him an AWSE rank because he was subject to a PCAT and MELs.

The Committee recommended to the Final Authority (FA) that the grievor be granted AWSE rank at the WO rank for the periods during which he had held the responsibilities of that rank. He also recommended that the FA order a review of the grievor's personnel evaluation reports to make the necessary changes.

FA decision summary

The Director – Canadian Forces Grievance Authority, FA, agreed with the Committee's recommendation to grant the grievance. The Director granted an AWSE rank to the grievor and a review of the personnel evaluation reports. The FA found that the grievor's different medical categories were justified and that the grievor could not be promoted for this reason prior to the publication of Canadian Forces General Message 012/17. The FA is in agreement with the Committee's findings that the grievor maintained the right to an AWSE rank from 2015 to 2017, because they met the criteria by holding a position at a higher rank and performing duties for more than three months.