Review of Retention Policies –2013 Update

There are 2 issues related to topic "Review of Retention Policies –2013 Update".

Topic

Review of Retention Policies –2013 Update

Case number

• 2011-110 (F&R Date: 2012–03–20)

Description

The Defence Administrative Orders and Directives 5023-1 - Minimum Operational Standards Related to Universality of Service - provides guidance with respect to offering a Period of Retention (POR) to a member for a maximum period of three years when he/she is permanently unable to meet one or more of the minimum operational standards.  However, if that member’s medical or employment circumstances change in a way that would necessitate a modification of their POR, the policy provides no guidance when it comes to the early termination of that POR.  This lack of policy guidance could have serious implications for members who are at risk of having their POR terminated early.  The Board found that there ought to be a process in place to ensure procedural fairness when contemplating future terminations of a POR.

Recommendation

The Board recommended that the Chief of the Defence Staff direct the appropriate authorities to undertake a review of the applicable policy, and to create a comprehensive procedure for the cancellation of a POR. This will afford members with the basic procedural fairness that is required in such cases.

Final Authority Decision

The CDS agreed with the Comittee's systemic recommendation and asked CMP to follow through on this matter.

Topic

Review of Retention Policies –2013 Update

Case number

• 2013-062 (F&R Date: 2013–12–30)

Description

Further to a prior Systemic Recommendations in grievance file no. 2011-110, the Committee again examined a grievance where a member’s period of retention (POR) was terminated early. 

Defence Administrative Orders and Directives (DAOD) 5023-1-Minimum Operational Standards related to Universality of Service, provides some guidance with respect to the POR that a member may be offered over a maximum of three years when permanently unable to meet at least one of the minimum operational standards.  In cases where the health of the member changes, or where the circumstances surrounding the member’s employment change so as to require a modification of the POR, the policy offers no guidance on the issue of ending the POR early. 

As the absence of relevant provisions in the policy can have serious repercussions for members who may see their POR end early, the Committee had recommended that the Chief of the Defence Staff (CDS) order the competent authorities to undertake a review of the applicable policy and draft a detailed procedure for terminating a POR. The CDS has yet to issue a decision on this systemic recommendation.

After reviewing another grievance in which there was a failure to respect procedural fairness in the decision making process, the Committee wished to remind the CDS of the need for a review of the policy in question so that members whose POR is at risk of being terminated can benefit from the basic principles of procedural fairness.

Recommendation

The Committee reiterated its recommendation that the CDS order a review of DAOD 5023-1 in order to ensure that members whose POR is being considered for termination are accorded fair treatment. 

Final Authority Decision

Pending.