# 2021-002 Careers, Backdating of Compulsory Occupational Transfers, Compulsory Occupational Transfer
Backdating of Compulsory Occupational Transfers , Compulsory Occupational Transfer (COT)
Case summary
F&R Date: 2022-02-28
The grievor underwent a Compulsory Occupational Transfer (COT) before reaching the Operational Functional Point of his occupation as a result of Medical Employment Limitations (MEL). The grievor argued that the COT process had not been followed properly and took too long, resulting in an unnecessary one-year delay to the COT approval as well as the grievor's career progression.
The Initial Authority, the Director General Military Careers, determined that the grievor had not submitted the grievance within the required timeframe in accordance with Queens Regulations and Orders for the Canadian Forces article 7.06, and that it was not in the interest of justice to consider the grievance.
Referring to the Basic Training Administration Guide (BTAG), the Canadian Forces General messages 257/10 and 112/14, and the Director Military Careers Administration (DMCA) Guidance to Leadership, the Committee found that the grievor's 17-month COT process was poorly administered by the Canadian Armed Force and that the grievor suffered an unnecessary and harmful delay to his career progression. The Committee noted a recent Final Authority (FA) decision in which the COT approval was backdated. The FA concluded that the earliest date that the DMCA could have approved a COT was 90 days following the notification of the need for a COT decision. The Committee agreed with that FA decision and recommended that the FA grant redress by backdating the grievor's COT approval to 90 days following the MEL determination. The Committee also made a systemic recommendation regarding the backdating of COT approvals.
FA decision summary
The Director Canadian Forces Grievance Authority, acting as FA, agrees with the Committee's findings and recommendation to afford the grievor redress. The FA agrees that the grievor's official cease training date was when Director Medical Policy deemed that his chronic medical condition was in breach of the bona fide occupational requirement of the naval warfare officer occupation. Consequently, in accordance with both Canadian Forces General Message 257/10 and the Basic Training Administration Guide (BTAG), the FA agreed that the grievor's compulsory occupational transfer (COT) should have been completed earlier with a promotion to sub-lieutenant (SLt) effective on that date. The FA did not address the Committee's systemic recommendation with regard to the backdating of COT approvals to Canadian Armed Forces members in the same situation.
Page details
- Date modified: