# 2020-006 Careers, Promotion, Medical employment limitation

Promotion, Medical employment limitation (MEL)

Case summary

F&R Date: 2021-04-29

The grievor knew that they should not have been promoted to the next rank. Nevertheless, they challenged the Director Military Careers’ decision to cancel their promotion on the grounds that a reduction would cause them harm. As a remedy, the grievor sked that their promotion to the next rank be restored or that they be granted financial compensation for the harm they suffered due to the cancellation of the promotion.

The Initial Authority (IA) acknowledged that the cancellation of the promotion may have caused the grievor disruptions. However, the IA concluded that the grievor had been treated fairly and in accordance with applicable policies. Specifically, the IA stated that the grievor did not meet all promotion criteria in order to be promoted to the next rank. 

The Committee noted that for a member to be promoted to the next rank, they must hold a substantive rank. Given the grievor was promoted to the next rank while holding an acting rank, the Committee concluded that the cancellation of the grievor’s rank change instruction was justified and in accordance with applicable policies. However, the Committee also concluded that the grievor was entitled to an amount equivalent to the pay at the higher rank for the period during which they occupied a position at that rank.

Finally, the Committee determined that this situation meets the criteria for an ex gratia payment to compensate the grievor for the inconvenience.

The Committee recommended the Chief of the Defence Staff grant the grievor redress in the form of an ex gratia payment.  

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