# 2022-047 Careers, Class C Reserve Service

Case summary

F&R Date: 2023-05-25

The grievor, a Reserve Force member, had court-imposed conditions to not possess weapons. He grieved that the termination of his Class “C” period of service was contrary to section 5.20 of the Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04, Administrative Policy of Class “A”, Class “B”, and Class “C” Reserve Service. The grievor argued that he did not refuse work; rather, he refused to follow a command he considered unlawful, as it would breach his court-imposed weapons restrictions. He further argued that he did not receive a 30-day termination notice, amounting to a breach of contract.

The Initial Authority (IA) found that the grievor's termination was reasonable, as it was based on a lack of qualifications in accordance with CF Mil Pers Instr 20/04. The IA found that the grievor's chain of command (CoC) made a reasonable effort to continue the grievor's service within the court-imposed restrictions and found that the order for the grievor to assume his position was a lawful command. The IA also found that the grievor was not required to be provided 30 days' notice to end his period of service, as he lacked the qualifications to perform his assigned duties.

The Committee found that the grievor's CoC undertook appropriate efforts to continue the grievor's employment and the order issued to the grievor was a lawful order that he refused, in contravention of article 19.015 of the Queen's Regulations and Orders for the Canadian Forces.

The Committee also found the decision to terminate the grievor's Class “C” period of service was reasonable, as the grievor did not meet the minimum operational standard for his position. The Committee therefore found that it was properly ceased without requirement to provide notice in accordance with paragraph 5.20(3) of the CF Mil Pers Instr 20/04.

The Committee recommended that the Final Authority not afford redress.