# 2022-234 Careers, Acting While So Employed, Class A Reserve Service, Promotion, Reserve Force

Case summary

F&R Date: 2023-12-22

The grievor, a Reserve Force (Res F) officer, submitted two grievances arguing that he merited a substantive promotion to Lieutenant Colonel (LCol) when appointed on two separate occasions to two different positions. As redress, the grievor sought to have his promotion at the rank of LCol granted for each of the contested positions.

The Initial Authority rejected both grievances, as they were submitted beyond the permitted time frame.

The Committee sought clarification from the Canadian Armed Forces (CAF) regarding the grievor's respective promotions. Due to the passage of time, no information was provided by the CAF respecting the lack of an appropriate authority's recommendation as required for a promotion under article 11.02 of the Queen's Regulations and Orders for the Canadian Forces (QR&O). However, based on the available file information, the Committee found that there was an intent to promote the grievor and he met the promotion requirements in Canadian Forces Administrative Order 49-12, Promotion Policy – Officers – Primary Reserve and should have been promoted substantively to the rank of LCol upon assuming each respective position.

Should the Final Authority (FA) not agree with the Committee's findings on a substantive promotion, the Committee also examined the applicability of the policy governing Acting While So Employed (AWSE) to the grievor's position. The Committee noted that the CAF have shown an intent to grant AWSE to both Regular Force and Res F members in similar circumstances. The Committee subsequently found that the grievor also met the criteria to be promoted AWSE LCol in the first position in accordance with article 3.05 of the QR&O and supported by Canadian Forces General Message 060/00, Acting Pay/Rank, applicable at the time of the grievor's position.

The Committee recommended that the FA afford redress by promoting the grievor substantively to LCol as of the date he commenced the first contested position or, alternatively, AWSE LCol. Should the FA not agree, the Committee further recommended that the FA afford the grievor redress by promoting him substantively to LCol as of the date he commenced the second contested position.