# 2022-072 Pay and Benefits, Acting While So Employed

Case summary

F&R Date: 2023-08-21

The grievor disputed his chain of command's decision not to support his request for Acting While So Employed pay at the next higher rank from June 2019 through July 2020. The grievor asserted that, as the only officer assigned to his section during this period, he performed all duties of the Officer Commanding position, at the next rank higher. The grievor asserted that he was never directed to reduce any duties associated with the position, and was never informed of any steps taken to reclassify it. The grievor also asserted that his job description was identical to that of the Officer Commanding position.

The Chief of Military Personnel, acting as the Initial Authority (IA), denied the grievance, finding that a higher rank had not been essential for the job. The IA noted that the higher-ranked position had been assigned outside the grievor's unit and found that the grievor had therefore not performed the full spectrum of duties associated with it. The IA noted that the Officer Commanding position was subsequently re-classified to the next lower rank, and that this change was already in practice during the grievor's period of service. The IA also would not grant an Acting rank without the support of the grievor's chain of command, whom they found had never intended to employ him at the next higher rank.

The Committee found that the sole criteria to approve an Acting rank were that a member must perform the full spectrum of duties of a higher-ranked position for at least 90 days. The Committee found that the grievor had performed this full spectrum of duties, and that the other criteria had also been met (as they were not in dispute). The Committee found that neither the re-assignment of the higher-ranked position outside the unit, nor the subsequent reclassification of the remaining job, were relevant to the grievor's case. The Committee recommended that the Final Authority (FA) grant redress by granting the grievor Acting pay at the next rank for the period in question.

FA decision summary

The Deputy Director - Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation to afford the grievor redress.