# 2022-087 Careers, Career progression, Release - Medical

Case summary

F&R Date: 2023-08-25

The grievor complained that she was posted while on a Temporary Medical Category and not capable of meeting the demands of the new position. The grievor also complained that her chain of command undermined her opportunity to request a period of retention prior to her medical release. As redress, the grievor sought compensation for lost salary.

The Initial Authority, the Director General Military Careers, rejected the grievor's submission on the basis that it was submitted outside of the required time limits. As such, the Initial Authority found that it would not be in the interests of justice to consider it.

The Committee found that, although Canadian Armed Forces policy did not explicitly prohibit posting the grievor while she was on a Temporary Medical Category with a pending medical review, the grievor's medical status warranted more consideration given the demands of the new position and their potential impact on the grievor's medical condition. The Committee concluded that the grievor was aggrieved by the manner in which her posting was handled without sufficient compassion for her circumstances. Finally, the Committee found that the grievor had waived consideration for a period of retention in order to secure an expedited medical release, and so was not inappropriately denied a possible period of retention.

The Committee recommended that the Final Authority not grant redress, but rather acknowledge that the grievor was aggrieved by a lack of compassion in the handling of her posting.