# 2020-055 Careers, Medical Employment Limitation

Medical Employment Limitation (MEL) 

Case Summary

F&R Date: 2021–04–12

The grievor underwent an occupational transfer to pilot, during which he waived any entitlement to release from the Canadian Armed Forces for a period of seven years from completion of pilot training to wings standard.  Before commencing Primary Flight Training, the grievor was assessed by medical personnel as unfit to fly due to concerns over possible obesity-related medical complications. Several months later, after further medical testing ruled out medical complications, the grievor was cleared to fly. The grievor felt aggrieved by the training delay, which in turn delayed his promotion, as well as the commencement of his seven-year restricted release period (RRP). He requested a back-dated promotion and a reduction in his RRP to compensate for the training delay.

The Initial Authority (IA) had determined that the grievor had not been aggrieved as he had not been misdiagnosed by medical personnel, but had instead been found unfit to fly due to a combination of medical issues. The IA also noted that applicable policy did not allow for a RRP reduction or for back-dated promotion.

The Committee found that the medical assessment that the grievor was unfit to fly was appropriate in light of the applicable policies and standards, and that the decision to ground the grievor and delay his training until medical concerns were addressed was justified. The Committee also found that the grievor’s RRP could not be reduced, and that he was not eligible for a backdated promotion. The Committee recommended that the grievor not be granted the redress sought.

FA Decision Summary

The Director Canadian Forces Grievance Authority, as Final Authority (FA), agreed with the Committee's recommendation to deny the grievance. The FA found that the health-related concerns raised by those medical professionals were reasonable and justifiable. She found that the change in the grievor's air factor was policy-compliant.

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