# 2021-246 Careers, Acting While So Employed, Medical Condition, Release

Case summary

F&R Date: 2022-08-09

The grievor contested the denial or deferral of his promotion that he earned based on his ranking on the merit list. He argued that he would not have sought medical treatment if he had known it would result in the loss of a promotion.

The Initial Authority (IA) denied the grievance and acknowledged that at the time the grievor's promotion screening commenced, the grievor met all promotion prerequisites. However, it was later found that he was lacking the availability requirement for full-time work due to medical employment limitations (MEL). The IA confirmed that the grievor's promotion was not denied due to his MELs but was deferred until such a time that he recovered sufficiently to return to duty. The IA stated that the deferral of the grievor's promotion remained in place until it was determined that he would not recover sufficiently and would be medically released.

The Committee noted that a member may only be promoted if a vacancy in the establishment exists and if that member is able to fulfill the duties and the responsibilities of the position, regardless of that member's position on the merit list. The Committee further noted that Canadian Forces General Message 012/17 permitted members with MELs to be posted and promoted to the next rank, but that it did not allow for members who are unfit for any military service to be promoted. In other words, if a member is issued a MEL that prevents him or her from serving in any capacity at the next rank, such as in the grievor's case, that member cannot be promoted. The Committee found that there was no provision in the regulatory or policy framework governing promotion that would permit the Canadian Armed Forces to promote a member who is unable to serve at the next rank.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

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