# 2020-140 Harassment, Promotion, Sexual misconduct

Promotion, Sexual misconduct

Case summary

F&R Date: 2021-12-10

The grievor argued that the Canadian Armed Forces mishandled her sexual assault complaint, resulting in a medical condition that prevented her from obtaining a qualification. As redress, the grievor sought an ex gratia payment and an acting lacking (A/L) promotion.  

The Initial Authority (IA), the Vice Chief of the Defence Staff, acknowledged the mishandling of the grievor's complaint. However, the IA denied the promotion because the grievor did not meet the A/L requirements, as per the Canadian Forces Administrative Order 49-4, Career Policy Non-Commissioned Members Regular Force.

The Committee found that the matter of the A/L was moot given the Final Authority (FA) had determined, in a separate grievance, that the Canadian Forces General Message (CANFORGEN) 012/17, De-linking of Medical Condition from Promotion Criteria, applied to the grievor and granted her an A/L promotion. The Committee agreed with the FA's recommendation to publish new policy to clarify how CANFORGEN 012/17 applies to promotion. 


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