# 2019-275 Careers, Accuracy of information by recruiters, Enrollment offers, Recruitment

Accuracy of information by recruiters, Enrollment offers, Recruitment

Case summary

F&R Date: 2021-04-21

The grievor left a well-paying civilian job to accept an enrolment offer in a trade for which he was later assessed as medically unfit. As redress, the grievor asked to be able to work in the trade of his choice and to be compensated for the delays he experienced in his career progression.

The Initial Authority (IA) acknowledged that an error had been made and that the grievor should have undergone the required medical assessment before he was given an enrolment offer. However, the IA concluded that the established processes for a change in occupational group and eligibility for a promotion did not allow it to provide the requested redress.

The Committee contacted the Canadian Forces Recruiting Group (CFRG) and confirmed that there was actually an error in the grievor’s enrolment process. In turn, the CFRG informed the Committee that actions were underway to prevent the recurrence of such errors.

The Committee also inquired about the actions taken by the Canadian Armed Forces (CAF) with regard to the grievor's compulsory occupational transfer. The Committee concluded that the grievor had been aggrieved not only upon enrolment, but also upon the administration of his change of occupation.

The grievor informed the Committee that he had since made the decision to leave the CAF for a civilian job. He stated that he would never have left his previous civilian job if he had known that he could not apply the trade for which he enrolled. He would then not have had to move and divest himself of certain assets. He believes that financial compensation for his losses would be fair.

The Committee is of the opinion that the grievor's case meets the five criteria set out by the Supreme Court in the Cognos decision resulting in a compensation when prejudice flows from negligent misrepresentation.

The Committee recommends that the Final Authority forward the grievor's file to the Director of Claims and Civil Litigation, with its support, for consideration of providing compensation to the grievor.

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