# 2019-197 Pay and Benefits, Pay upon Voluntary Occupational Transfer, Specialist pay

Case summary

F&R Date: 2020-06-17

At the time the grievor underwent a voluntary occupational transfer (VOT) to a specialist occupation, article 204.03 of the Compensation and Benefits Instructions for the Canadian Forces (CBI) provided that, upon completion of his occupational training, the grievor's pay increment (PI) in his new occupation, would be calculated using all of his time in rank. However, while the grievor was undergoing training, the Treasury Board of Canada (TB) approved an amendment to the CBI such that only the grievor's time in rank in his specialist occupation would be counted in determining his PI level. The result was that upon graduation from his occupation training, the grievor received PI 1 instead of the expected PI 4; a significant difference in pay. The grievor contended that this change was unfair and that he should be protected under the previous policy, which is what he agreed to at the time of his VOT.

The Initial Authority found that the TB had approved the new CBI without any “grandfather clause” and it became effective on the date stipulated by the TB. As the new CBI was in effect at the time the grievor completed his occupational training, the Canadian Armed Forces (CAF) was obligated to apply it to him.

The Committee found that, while it would have been better if the TB had included a transition period or “grandfather clause” in the amended CBI, it had chosen not to do so. As the CAF can only authorize payments as prescribed by the TB, the Committee found that the grievor's PI level had been correctly calculated in accordance with the CBI in effect at the time he completed his occupational training. Consequently, the Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The FA agreed with the Committee's finding that the grievor was correctly paid upon his occupational transfer, prior to qualification in the new occupation. The FA agreed with the Committee's finding that pursuant to the TB 1 September 2017 amendment to the CBI, the grievor's service as an infantry soldier could not longer be counted in determining his PI level as a Search and Rescue (SAR) Tech, and that his new PI level upon graduation from training was correctly assigned. The FA agreed with the Committee's finding that the statement of understanding the grievor signed only covered his agreement to serve for four years after completing the training and made no mention of pay and benefits. The FA found that there was no provision permitting a waiver of the grievor's restricted release period, as it was still in the interest of Canadians to recoup the investment in the grievor's training. The FA noted that members of the CAF serve at the pleasure of the Crown, in return for which the Crown assumes no obligation, and that no employment contract exists between CAF members and the Crown.

In response to the Committee's observation that the change to the CBI was initiated by the CAF, that no transition period was included and the CAF failed to warn members of the impending change before they applied to specialist occupations, the FA expressed disappointment at the lack of messaging within the SAR Tech community to help the grievor adjust his finances to the lowered PI level to avoid any perceived hardship.

The FA accepted the Committee's recommendation that the grievor not be granted redress.