# 2019-200 Careers, Class B Reserve Service, Reserve Employment Process

Case Summary

F&R Date: 2021–02–26

The grievor, a Reserve Force (Res F) member with Medical Employment Limitations, grieved the decision to deny her promotion to Chief Petty Officer 2nd Class (CPO2) while on the Service Personnel Holding List, arguing that Canadian Forces General Message (CANFORGEN) 012/17 - De-Linking of Medical Condition from Promotion Criteria, applied to her case. As redress, she requested retroactive Acting/Lacking promotion to CPO2. 

The Initial Authority denied redress on the basis that the grievor's Class “B” terms of service did not allow for promotion within the position she occupied at the time, nor were there any available CPO2 positions in her unit.

The Committee acknowledged that CANFORGEN 012/17 indeed removed the minimum medical classification requirement for promotion. It noted, however, that Canadian Armed Forces (CAF) promotion policies, including the CANFORGEN, allow promotion only when there is a vacant position for the CAF member to be promoted into. In the grievor's case, the Committee found that at the time she merited promotion, there were no vacant Res F positions at the CPO2 level in her unit. The Committee also found that the grievor had accepted a period of class “B” Reserve Service at the Petty Officer 1^st Class rank for the purposes of the Vocational Rehabilitation Program for Serving Members and that there was no service requirement to grant her promotion to CPO2. 

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

FA Decision Summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as FA, agreed with the Committee's finding that there was no CPO2 position available for the grievor and therefore she could not be promoted. The FA denied redress, as recommended by the Committee.