# 2021-124 Careers, Acting rank, Reversion in rank

Case summary

F&R Date: 2022-06-14

The grievor disputed the removal of an appointment to Acting/Lacking Master Corporal, arguing that they had made every effort to achieve the required Primary Leadership Qualification (PLQ) but that an opportunity to do so was not given. The grievor believed that the decision to remove the appointment was a disciplinary punishment based on civilian criminal charges. The grievor sought to have the appointment reinstated. The Initial Authority noted that there was an effort to load the grievor on PLQ, but that they became unable to attend the course due to an investigation by civilian police services.

The Committee noted that Canadian Forces Administrative Order 49-5 states that a member may not hold an acting rank beyond a two-year period without Command authorization. The Committee also noted that the grievor had been loaded onto a PLQ module 2-3 serial approximately one year after their appointment. However, following an arrest by civilian police services, court issued restrictions prevented the grievor from traveling to attend the course. The Committee found that the Canadian Armed Forces was bound to abide by the travel restriction placed by the court, making the grievor's subsequent requests to attend the course impossible. The Committee considered that at the time of the decision to remove the appointment, the grievor had benefitted by retaining the acting rank for approximately six months beyond the two-year time limit and found that the continuing civilian court process and restrictions would prevent the grievor from achieving the required course in a reasonable time. The Committee found that the grievor had not been aggrieved and recommended that redress not be granted.

FA decision summary

The Chief Professional Conduct and Culture, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.