# 2022-083 Careers, Acting While So Employed

Case summary

F&R Date: 2023-12-05

The grievor contended that they had acted in one, and at times, two positions of a higher rank for over three years due, in part, to staffing shortages at their unit. The grievor sought an Acting While So Employed (AWSE) promotion for this period. As a result of a prior grievance, the Director General Military Careers (DGMC) conducted an AWSE review and found that the grievor had not been assigned the duties and responsibilities of the higher ranked positions. The grievor was required to submit a new grievance to dispute this decision. The Initial Authority (IA) determined that the grievor did not meet the conditions for AWSE.

The Committee found that since 2016, the Final Authority (FA) has established three criteria for the granting of AWSE. Namely, the member must be employed in, and fulfill the full duties and responsibilities of, a higher ranked position for at least 90 consecutive days. The Committee noted that neither the IA nor DGMC performed analysis based on these three criteria, instead basing their analysis on the outdated criteria found in Canadian Forces General Order 060/00.

The Committee also noted that both the IA and DGMC decisions were based primarily on a statement provided by the grievor's Director. However, the Committee found that statements provided by the grievor's direct supervisor, incumbents of the positions, and the Acting Director at the time the grievor claimed they began acting in one of the higher rank positions, all provided more context on the circumstances. Based on the evidence available, the Committee found that the grievor had been employed as, and carried out the duties of, a higher ranked position. However, based on varying staffing levels during the period in question, the Committee found that the grievor was eligible for an approximately 650 consecutive day period of the 1000+ days they claimed. The Committee recommended that the FA grant AWSE for this period.

FA decision summary

The Director General Canadian Forces Grievance Authority, acting as Final Authority, agreed with most of the Committee's findings and partially agreed with the recommendation, but directed that the grievor be promoted to Major AWSE from 30 September 2017 to 30 October 2020, rather than only from 2 October 2017 to 22 July 2019.