# 2021-115 Careers, Postings

Case summary

F&R Date: 2021-07-28

The grievor argued that the policies prohibiting a component transfer (CT) from the Regular Force (Reg F) to the Primary Reserve (P Res) upon medical release were unreasonable. The grievor also contested the denial of his request to CT from the Reg F to the P Res upon his medical release. The grievor further argued that his medical employment limitations (MELs), while in breach of Universality of Service, did not prevent him from meeting operational standards.

The Initial Authority (IA) stated that the grievor was offered a period of retention (POR) in the Reg F based on the needs of the Canadian Armed Forces (CAF). The IA found that the grievor was treated fairly, as the grievor was granted a POR in his component and occupation and the CAF had no obligation to allow the grievor to serve his POR elsewhere or post him to his preferred position The IA did not afford redress.

The Committee found that the grievor's MELs prohibited him from meeting the minimum operational standards of being physically fit as required by Defence Administrative Orders and Directives 5023-1, Minimum Operational Standards Related to Universality of Service.

The Committee found that the current policies limiting a CT from the Reg F to the P Res upon a medical release were within the Chief of Defence Staff's authority to determine and were reasonable. The Committee further found that the denial of the grievor's request to CT from the Reg F to the P Res upon his medical release was justified and in accordance with the applicable policies.

The Committee recommended that the Final Authority (FA) not afford redress.

FA decision summary

The FA, Director Canadian Forces Grievance Authority, agreed with the Committee's findings and recommendation and declined to grant the redress sought.