# 2020-138 Careers, Pilot, Re-Enrollment, Waiver

Pilot, Re-Enrollment, Waiver

Case summary

F&R Date: 2021-11-30

Following successful completion of Phase I Primary Flight Training, the grievor, a Regular Force (Reg F) pilot (PLT), requested to voluntary withdraw (VW) from flight training for personal reasons and be released from the Reg F on compassionate grounds. Approximately one year later, the grievor applied to re-enrol in the Reg F as a PLT and resume flight training. The Canadian Forces Recruiting Group (CFRG) sought guidance from the occupational authority, who advised that it would be extremely rare for a candidate to be permitted to re-enrol and resume PLT training following a VW. On that basis, CFRG denied the grievor's request.

The Commanding Officer of CFRG, as the Initial Authority (IA), determined that Canadian Air Division Order 5-213 applied to the grievor's circumstances indicating that the acceptance of a VW for a PLT candidate would normally disqualify them from re-enrolment into the same occupation. The IA sought guidance on the application of the policy from the Director Air Force Training (Dir AF Trg), who declined to authorize a waiver of the policy. On that basis, the IA denied the grievance.

The Committee found that, in the absence of initially seeking a waiver from the Dir AF Trg, the CFRG’s denial of the grievor's application was conducted without proper authority nor was it compliant with applicable policy. The Committee found that, once a decision by the Dir AF Trg was sought at the IA level, the Dir AF Trg established reasonable criteria to be considered in deciding whether a waiver should be exercised. However, the Committee found that the Dir AF Trg's decision was neither justified nor policy compliant because he failed to exercise his discretion properly by not examining these criteria. The Committee reviewed the grievor's circumstances and found that they indeed met the criteria that the Dir AF Trg had established. Accordingly, the Committee found that a waiver should be exercised to allow the grievor to recommence his PLT training. 

The Committee observed that the manner in which the Dir AF Trg applied his discretion was inconsistent with current Canadian Armed Forces initiatives that seek to provide flexible and adaptive career approaches to members in order to support dynamic and challenging family circumstances and structures. The Committee noted that flexibility and adaptability are essential to remaining an employer of choice. 

The Committee recommended that the Final Authority (FA) afford the grievor redress by directing the CFRG to coordinate with the Dir AF Trg and the grievor in facilitating his re-enrolment in the Reg F as a PLT, should the grievor remain willing and eligible.

FA decision summary

The Director Canadian Forces Grievance Authority, as the FA, agreed with the Committee's recommendation to partially uphold the grievance. She granted a waiver to allow the grievor to re-enrol in the pilot's occupation and indicated that he will have to be reassessed, prior to commencing training, considering the passage of time.  

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