# 2020-210 Releases, Medical employment limitation, Release - Medical

Medical employment limitation (MEL), Release - Medical

Case summary

F&R Date: 2021-12-15

The grievor argued that she had not been treated fairly during her medical release because she was not afforded a return to duty (RTD) program nor was she provided with the appropriate support from her chain of command at her original unit or the Transition Centre. The grievor also submitted non-specific harassment allegations for incidents that allegedly occurred prior to her transfer to the Transition Unit, which remained unresolved. As redress, the grievor requested expanded training on how RTD policies apply to Canadian Armed Forces (CAF) Reserve Force members, answers to several questions she submitted surrounding RTD and financial compensation in the event she could not rejoin the CAF.  

The Commander CAF Transition Group, acting as Initial Authority (IA), denied the grievor redress. The IA determined that the grievor's extremely restrictive medical employment limitations (MEL) made her ineligible for an RTD program as she was not able to return to fulltime work. The IA concluded that the grievor had received the necessary and appropriate support by the Transition Centre during her transition out of the CAF. The IA determined that additional training on RTD policies was not required and answered the grievor's technical questions in a separate correspondence. 

The Committee reviewed the available evidence and found that the grievor’s MEL, as well as her impending medical release, made her ineligible for an RTD program as she was unable to return to work in a military environment. The Committee found that the grievor's MEL had not improved significantly or sufficiently enough so she could return to fulltime duties. The Committee found that the grievor had been treated fairly and in accordance with the applicable policies. The Committee therefore recommended to the Final Authority (FA) to deny the grievor redress. 

The Committee attempted to locate records of the alternate dispute resolution regarding the grievor's harassment complaints, but was unable to find any. While these allegations fall outside the scope of this grievance and are a serious matter, the Committee highlighted this issue to the FA for consideration.

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