# 2021-041 Careers, Promotion

Case summary

F&R Date: 2022-01-26

The grievor, a Cadet Instructor Cadre Officer, alleged that his Commanding Officer (CO) withheld his promotion to Lieutenant (Lt) as an act of reprisal for submitting a grievance. He contended that neither the grievance nor the Initial Counselling (IC) which he grieved, should have impeded his promotion. As redress, the grievor requested that his effective promotion date be backdated to the day he completed the requisite training. The grievor also requested an official investigation of his reprisal complaint by an impartial body and that the results be made public.

The Initial Authority (IA), the Commander National Cadets and Junior Canadian Rangers Support Group, found that the actions of the chain of command did not amount to reprisal, and that the grievor was not eligible for promotion until his CO recommended him, in accordance with Cadet Administration and Training Order 22-02. The IA also found that a CO can take an IC and associated performance/behavior into consideration when making a promotion recommendation. The IA concluded that the grievor was not aggrieved and denied redress.

The Committee agreed that the chain of command's actions did not amount to reprisal but noted that the National Defence Act 29(4) and Queen's Regulation and Orders for the Canadian Forces, article 7.05, both prohibit penalization for submitting a grievance. After reviewing the evidence, the Committee found that the grievance submission was not the origin of the delay. The Committee observed that while being issued an IC does not make a member ineligible for promotion consideration, neither is a CO restricted from assessing that member's performance and conduct when determining whether to recommend the member for promotion.

The Committee concluded that the grievor's promotion to Lt was not unjustly delayed as a result of his grievance submission and recommended that redress not be granted.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agrees with the Committee's findings and recommendation not to afford the grievor redress.