# 2023-023 Careers, Acting Rank, Acting While So Employed, Acting While So Employed, Entry into the Promotion Zone, Promotion, Reserve Force

Case summary

F&R Date: 2024-04-03

The grievor, a Reservist, contended that he should have been promoted to substantive, Acting While So Employed (AWSE), or Acting Lacking (A/L) Master Warrant Officer (MWO). The grievor argued that he had been in a MWO position since 2014.

The Initial Authority (IA) determined that the grievor did not meet the established criteria for promotion to substantive nor AWSE MWO. However, the IA determined that the grievor was eligible for promotion to A/L MWO.

In accordance with article 11.02 of the Queen's Regulations and Orders for the Canadian Forces, the Committee considered whether the grievor met the conditions for a promotion to MWO. The Committee found that the grievor did not have the Commanding Officer's (CO) recommendation for promotion to substantive MWO, as required by Canadian Forces Administrative Orders 49-5, Career Policy Non-Commissioned Member Primary Reserve. The grievor also did not have a required course, nor the time in rank. Therefore, the Committee determined that the grievor did not meet the requirements for a promotion to substantive MWO.

The Committee acknowledged that the period in question spanned the evolution of several AWSE policies, which required the member to be employed in a position established at the higher rank for at least 90 consecutive days and that the member be assigned the full spectrum of duties of the higher rank. Until 1 September 2017, AWSE rank could only be one rank higher than a member's substantive rank. The evidence demonstrated that there were periods where the grievor fulfilled these requirements. Therefore, the Committee found that the grievor was entitled to AWSE MWO after he became a substantive Warrant Officer.

The conditions related to A/L promotion are the same as those for substantive promotion. According to information from the Director General Military Careers, A/L promotion is a tool used to ensure that a member who is promoted while lacking a qualification is given priority to obtain that qualification. The Committee noted that the CO had no intention of loading the grievor on the MWO course nor promoting him to substantive MWO, owing to valid concerns about the grievor's suitability. Therefore, the Committee found that promotion to A/L MWO would have been inappropriate.

The Committee recommended that Final Authority promote the grievor AWSE MWO for any period where he was performing, for at least 90 consecutive days, the full spectrum of duties of a higher rank.