# 2019-194 Careers, Compassionate Status

Case summary

F&R Date: 2021-03-11

The grievor's Career Manager issued a posting message to move the grievor from Winnipeg to Ottawa in order to avoid a conflict of interest as the grievor's brother had been posted as the senior non-commissioned member in the grievor's unit. Subsequently, the grievor released from the Regular Force (Reg F) and transferred to the Reserve Force to remain in Winnipeg. The grievor argued that the Wing Commander supported his request to remain in Winnipeg, that there were compassionate reasons for remaining and that other options were available to keep him in Winnipeg in a Reg F position. The grievor asked to be reinstated in the Reg F at a position in Winnipeg.

The Director General Military Careers, acting as the Initial Authority (IA), stated that Reg F members must remain mobile and deployable to meet organizational needs and that postings are a common characteristic of military service. The IA denied redress, finding that the best overall posting plan was implemented in order to satisfy the needs of the service.

The Committee found that the grievor and his brother serving in the same unit and in the same chain of command would reasonably raise a perception of bias within the unit that could damage the cohesion, morale and effectiveness of the unit, thus necessitating the posting of the grievor. The Committee acknowledged the grievor's difficult family situation but concluded that his circumstances did not meet the requirements for a compassionate posting. The Committee noted that since the grievance was submitted, the grievor's brother had subsequently been posted out of Winnipeg, so the grievor was free to apply for a component transfer back to the Reg F if he wished. 

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

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation to deny the grievance. The FA explained that "while it is always advantageous to take the member's circumstances into account, ultimately it is the needs of the [Canadian Armed Forces] that are paramount." The FA found that the grievor's posting out, due to the arrival and promotion of a family member in the same unit was handled in accordance with the applicable policy.