# 2020-111 Careers, Period of retention, Release - Medical

Period of retention, Release - Medical

Case summary

F&R Date: 2021-05-27

The grievor argued that he should have been granted a three-year period of retention following his release, as per the provisions of  item 3(b) (Medical) of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. He maintained there was a critical shortage in his trade and that he had the specific skill set justifying his retention. As redress, the grievor requested a three-year period of retention. 

The Initial Authority (IA) noted that, as per Defence Administrative Orders and Directive 5023-1, Minimum Operational Standards Related to Universality of Service, the grievor did not meet the minimum operational standards related to universality of service. The IA stated that the grievor had also been unable to complete his assigned tasks effectively due to necessary medical appointments. The IA noted that the chain of command supported the grievor's request for a period of retention of 13 months to allow the grievor the additional time to complete his Vocational Rehabilitation Program for Serving Members, however they were not supportive of retention beyond that. The IA found that the grievor was treated in accordance with the applicable policies and did not afford redress.   

The Committee found that while there was a critical shortage of military personnel in the grievor’s occupation with the grievor's skill set, the grievor was unable to fill that shortage due to his medical employment limitations. The Committee also found that the grievor's 13 month period of retention, following his item 3(b) release, was justified and in accordance with applicable policies. 

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

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's analysis and with the findings and recommendation. The CDS found that the grievor had been treated fairly, in accordance with the applicable rules, regulations and policies, and declined to grant redress. 

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