# 2014-037 - Reserve Employment Opportunity (REO)

Case Summary

F&R Date: 2014–06–18

The grievor applied for a Reserve Employment Opportunity (REO) for the same position he had occupied a few months earlier. He had voluntary terminated his service one day prior to being deemed re-enrolled in the Canadian Forces Superannuation Act (CFSA). The grievor argued that he was excluded from being considered for this employment opportunity because he was an annuitant, which he also believes was a misinterpretation of the policy.

There was no Initial Authority (IA) decision on the file because the grievor did not grant the requested extension to the 60-day time limit. Subsequent to his grievance, the grievor applied for the same position on two additional occasions, but never succeeded on being selected.

The Committee found that the cancellation of the first REO was justified since the evidence on the file indicated that the grievor had himself developed the Terms of Reference for the position and, as such the REO was deemed to be too specific to allow for a fair competition. The grievor's application was returned to the Supplementary Reserve indicating that the grievor should be informed of the situation.

The Committee also found that the cancellation of the second REO was justified since the Unit underwent structural changes in order to reduce costs. This resulted in the position being downgraded in rank and re-advertised. The grievor was advised by this change.

In the case of the third REO, the Committee found that although the grievor was interviewed, he could not be considered since he had created an artificial break in service when he voluntarily ceased his previous period of service in the same position. The Unit had correctly explained to the grievor that this would be contrary to the guiding principle of the Vice Chief of the Defence Staff's Management Framework – CFSA Part 1 Annuitants – Full Time Reserve Service.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2014–08–28

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