# 2019-258 Careers, Class C Reserve Service, Discrimination, Medical employment limitations

Case summary

F&R Date: 2021-01-21

The grievor contested that his period of Class “C” Reserve Force Service (Res F Svc) was not renewed. He argued that his injury while on leave should constitute Special Duty Service in accordance with Canadian Forces General Message 174/07, Extension of Class C Reserve Force Service for Personnel Whose Injury or Illness was Sustained on Special Duty Service. The grievor also argued there was a discriminatory gap in policy that results in reduced entitlements for reservists following a serious illness compared to members in the Regular Force (Reg F) or those on Class “C” Special Duty Service. As redress, the grievor requested that he be retroactively placed on a continuous Class “C” period of Res F Svc until he was accepted into the Reg F or medically released.

The Commander, Naval Personnel Training Group, acting as the Initial Authority (IA), agreed that there are difference in benefits between members of the Reg F and Class “C” Res F personnel despite a clear intent to provide comparable benefits. However, the policies were applied correctly in the grievor's case. The IA also concluded that the grievor did not meet the criteria for Special Duty Service at the time of his injury. The IA did not afford redress.

The Committee found that the decision not to renew the grievor's Class “C” Res F Svc, due to his medical category at the time, was a bona fide operational requirement and did not constitute discrimination.

The Committee found that the grievor was not on Special Duty Service during any periods relevant to the grievance. The Committee also found that the policies, as written, were correctly applied to the grievor's circumstances in not extending his period of Class “C” Res F Svc.

The Committee made an observation that a principled argument could be made for incumbents in Res F positions to continue or have their Class “C” periods of Res F Svc renewed without meeting all the medical requirements.

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

FA decision summary

The Comd Royal Canadian Navy, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.