Acting While So Employed for Members in Position on 14 February 2020

Topic

Acting While So Employed (AWSE) for Members in Position on 14 February 2020

Case numbers

Description

Although the grievor was assigned to a higher-ranked position for a year, her unit did not request AWSE prior to 14 February 2020 because she did not meet all of the criteria in Canadian Forces General Messages (CANFORGEN) 060/00 and the 1 September 2017 authorization by the Chief of the Defence Staff for Director General Military Careers (DGMC) to waive certain criteria had not been widely communicated. Following the entry into force of the new CANFORGEN 040/20 criteria, under which the grievor was eligible, a request was made. DGMC granted the AWSE request but only up until 14 February 2020, the date of issuance of the new policy, even though the grievor continued to perform the full spectrum of duties and responsibilities of the higher-ranked position. DGMC stated that under the new policy, AWSE had to be approved prior to the member's first day of employment in the position at the next higher rank. 

The Committee saw no justification for withdrawing the grievor's AWSE rank upon the date of issuance of CANFORGEN 040/20. The Committee observed that DGMC is responsible for remedying injustice that inadvertently arises in the administration of AWSE rank and that placing the responsibility for correct implementation of AWSE requests on individual Canadian Armed Forces (CAF) members, who have no control over their chain of command's actions, is not good leadership.

Recommendation

The Committee recommends that the Final Authority direct DGMC to reconsider any denied requests for AWSE submitted for CAF members who were already serving in the higher ranked position on 14 February 2020 when CANFORGEN 040/20 came into effect, and to assess them on an individualized basis.

 

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