# 2019-188 Careers, Acting while so employed, Medical employment limitations, Promotion
Acting while so employed (AWSE), Medical employment limitations (MEL), Promotion
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 (MEL), which would allow him to be granted retroactive promotion to the acting rank of WO. Failing that, he asked for an Acting While So Employed (AWSE) rank.
The Initial Authority denied the grievance.
The Committee concluded that the PCAT and MEL assigned to the grievor were justified and that he was not eligible for promotion to the acting rank of WO. 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 held the responsibilities of that rank.
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 held the responsibilities of that rank.
FA decision summary
The Director – Canadian Forces Grievance Authority, as the FA, agrees with the Committee's recommendation to partially grant redress. 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 CANFORGEN 012/17. The FA agreed with the Committee's findings that the grievor maintained the right to an AWSE rank from 2015 to 2017 because he met the criteria in that he held a position at a higher rank and performed the duties for more than three months.
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