# 2024-085 Pay and Benefits, Acting While So Employed, Specialist Pay

Case summary

F&R Date: 2025-08-22

The grievor contested the provisions of Naval Personnel Instruction #27, Marine Technician Occupation Instruction, that stated they were not eligible for Specialist level 2 (Spec 2) pay until promoted to the rank of Petty Officer 2nd Class (PO2). The grievor argued that they were Marine Engineering Halifax Class – Certification 3 (CERT 3) qualified and that when they stood the position of Engineering Officer of the Watch (EOOW), they were effectively performing the duties of a PO2. As redress, the grievor sought promotion to the Acting-While-So-Employed (AWSE) rank of PO2 in order to receive Spec 2 pay backdated to the date of their CERT 3 qualification.

Director General Naval Strategic Readiness, acting as the Initial Authority, rejected the grievance, finding that it was submitted outside of the prescribed three-month time limit.

The Committee found that, in accordance with the applicable Occupational Specifications Manual, the grievor would have to hold the rank of PO2 in order to receive Spec 2 pay. The Committee found that, upon receipt of their CERT 3 qualification, the grievor was immediately tasked to fulfill the role of an EOOW PO2, carried out the full spectrum of duties and responsibilities for that position and did so for more than 90 consecutive days. As such, the Committee determined that the grievor met the requirements to be promoted AWSE PO2. 

The Committee recommended that the Final Authority exercise the discretion under article 11.02 of the Queen's Regulations and Orders for the Canadian Forces to retroactively promote the grievor AWSE PO2 backdated to the date they received their CERT 3 qualification.