# 2013-016 Careers, Selection Board

Case Summary

F&R Date: 2013–04–29

The grievor challenged the decision to deny his request for second language evaluation upon completion of Progress Level “6” of the Military Second Language Training Plan. The grievor argued that he was denied the opportunity to demonstrate his second language abilities prior to the Annual Selection Board.

The Initial Authority (IA) found that the decision of the Commandant (Cmdt) Canadian Forces Language School not to approve access to second language evaluation was consistent with the intent of applicable policy. The IA was satisfied that appropriate consideration had been given to the fact that the grievor had a current and valid language profile at the time of the request and that he only had completed half of the training designed to prepare him for intermediate level evaluation (i.e. following completion of Progress Level “7”).

The issue before the Canadian Forces Grievance Board (the “Board) was whether the denial of the grievor's request for second language evaluation was reasonable and in accordance with policy. Upon review of the evidence, the Board found that the Cmdt's decision did not deny but only delayed the grievor's second language evaluation. Access to testing, upon completion of Progress Level “6”, was at the discretion of the Cmdt and the grievor was seeking an exception to this rule. The Board found that the Cmdt's decision was reasonable and justified in the circumstances. The Board was satisfied that the grievor's circumstances had been taken into account by the Cmdt. The Board also concluded that it was impossible to confirm whether the grievor would have attained the same results as his current language profile had he been tested upon completion of Progress Level “6”, given that he benefited from a significant number of additional hours of training during Progress Level “7”.

The Board recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–08–29

The FA agreed with the Board's findings and recommendation that the grievance be denied.