# 2024-079 Pay and Benefits, Promotion, Specialist Pay

Case summary

F&R Date: 2025-06-25

The grievor grieved the decision of the Canadian Armed Forces (CAF) to refuse to provide retroactive pay corresponding to the rank of Major General (MGen) in his occupation. Both at the time of his acting appointment and at the time of his substantive promotion to the rank of MGen, the grievor continued to be paid at the rank of Brigadier General, as the subsequent rank had not yet been officially created in his occupation at that time. The Treasury Board (TB) later approved the integration of the MGen rank into the Canadian Forces Compensation and Benefits Instructions (CBI) applicable to the grievor's occupation, but the effective date had no retroactive effect. After being denied retroactive pay associated with his rank, the grievor submitted a Notice of Intent to Grieve to the Commander of Military Personnel Command. However, the Commander informed the grievor that since the rank of MGen did not exist before the directive came into force, and since the directive did not provide for any retroactive effect, the decision in question could not be grieved. As redress, the grievor requested retroactive pay corresponding to the rank of MGen for the period in question. 

The Initial Authority (IA) found that the grievor had been aggrieved, but that there was no possible redress as the grievor had received the appropriate compensation in accordance with the principle of salary protection. The IA stated that the TB is the only authority that can modify the compensation of CAF members, and that these directives cannot be overridden, not even to redress an injustice. 

The Committee found that the grievor had been aggrieved and determined that, to reflect the responsibilities and obligations of his new position, the grievor should have received a pay increase retroactive to his promotion date as provided for in CBI 204.075 — Rate of Pay on Promotion – Retroactive Pay Increase. The Committee therefore recommended that the Final Authority (FA) support the grievor's request and refer it to the appropriate authority for retroactive approval of the compensation. Should this not be possible, the Committee recommended that the FA prepare a Governor in Council submission seeking authorization to set rates of pay retroactive to the date the rank was created. In the event that the FA did not support either of the above proposals, the Committee recommended that the Chief of the Defence Staff consider using his authority to grant an ex gratia payment to the grievor.