# 2019-285 Careers, Medical employment limitation

Medical employment limitation (MEL)

Case summary

F&R Date: 2021-03-19

The grievor disputed his assigned A5 air factor medical category. His civilian doctor had determined that the grievor’s medical condition was stable, treatable and would have no impact on his occupational tasks. As redress, the grievor requested an air factor that would permit him to continue his occupational training.

The Initial Authority (IA), the Commander of Canadian Forces Health Services Group, denied the grievance on the basis that the Canadian Armed Forces (CAF) aerospace medicine expert had determined that the grievor's medical condition placed him at a greater risk of injury. The IA determined that the assigned A5 air factor was justified and policy compliant.

The Committee found that the Federal Court of Canada has recognized the expertise of CAF medical authorities in similar cases. Therefore, the Committee found that the decision to assign the grievor an A5 air factor was justified. 

As a result, the Committee recommended that the Final Authority (FA) not afford redress.

FA decision summary 

The Commander Royal Canadian Air Force (RCAF), as FA, agreed with the Committee's recommendation to deny the grievance. The FA noted that the grievor's medical file and flight test engineer training eligibility had been reviewed at length by all levels of the RCAF’s air medical community, including the Aerospace Medical Authority and the Surgeon General, both highly trained in aerospace medicine. While noting the opinion of the grievor's civilian specialist that his condition was mild, the FA found that competent military medical experts, responsible for the safety and welfare of the CAF’s aviators, had determined the grievor’s air factor. The FA found that the assignment of an air factor of A5 was justified.

Page details

Date modified: