# 2014-135 Pay and Benefits, Occupational Transfer (OT), Overpayment

Case Summary

F&R Date: 2015–02–03

The grievor's rank was retroactively amended three and a half years after his Occupational Transfer (OT). The grievor accepted an OT offer and a few days later, the Director Military Careers Administration (DMCA) issued a relinquishment instruction at a rank lower than the original offer. One hour later, the same office issued an amendment to the first message changing the rank back to the original. For three and a half years the grievor wore the rank and thought he was being paid as such.

Due to concerns about his pay, the grievor contacted his pay office and errors were corrected, but it was noticed that there were other issues. The pay office requested that Director Military Careers (D Mil C) issue a corrected OT message so that the grievor's pay could be corrected. D Mil C issued a message cancelling in its entirety the DMCA amendment message and retroactively reducing the grievor's rank. This resulted in the grievor owing a debt to the Crown due to being overpaid for three and a half years

The Initial Authority denied the grievance, finding that though errors had been made, the D Mil C message ultimately assigned the correct rank and pay level to the grievor.

The Committee found that although the D Mil C had assigned the correct rank and pay level to the grievor, it was unreasonable that this error was only corrected three and a half years after it occurred. It was unfair to hold the grievor accountable for the error by recovering a significant amount of money from him. In addition, unlike the CF, he could not go back in time and “undo” the work he did in the higher rank.

The Committee recommended that the Chief of the Defence Staff use his discretion under Queens Regulations & Orders 11.02 to waive the time in rank requirement such that the grievor be promoted to the substantive rank as per his original OT offer.

CDS Decision Summary

CDS Decision Date: 2015–12–07

The CDS agreed with the Committee's findings and recommendation that his discretion be used under QR&O 11.02 to waive the time in rank requirement, resulting in the grievor being promoted to the substantive rank as per his original OT offer.