# 2020-193 Careers, Retaliation, Promotion, Career progression

Case summary

F & R Date: 2021-07-21

The grievor challenged his chain of command's (CoC) decision to not consider him for an acting Class “B” position established at, a higher rank than the grievor's substantive rank. As redress, he requested appointment to the acting position, associated seniority credit, Acting While So Employed (AWSE) promotion and a Personnel Evaluation Report reflecting his actual accomplishments and performance. The Initial Authority found that the grievor was not eligible for the position as he did not meet its rank requirement and he was not eligible for an AWSE promotion.

The Committee applied the relevant legislation and policies on promotion in the Canadian Armed Forces (CAF) to the grievor's case. Contrary to the grievor's claims, the Committee found that rank is indeed a bona fide occupational requirement in the CAF. According to the Committee, the grievor had acknowledged that he did not meet the acting position's rank requirement, but he had requested an AWSE promotion in order to meet the requirement. In light of this, the Committee found that Canadian Forces General Message (CANFORGEN) 00/60, Acting Rank, in effect when the position became available, limited AWSE promotion to one rank level above a CAF member's substantive rank. Since the acting position's rank was established at two levels above the grievor's substantive rank, the Committee found he did not meet one of the position's essential requirements, nor was he eligible for AWSE promotion.

Contrary to the grievor's submissions, the Committee found no evidence, beyond the grievor's speculation, of his CoC’s rejection of his candidacy for the position was due to retaliation, harassment or discrimination. In contrast, it found that the documented evidence clearly established that the grievor did not meet the position's rank requirement.

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