# 2014-168 Careers, Promotion

Case Summary

F&R Date: 2015–03–26

The grievor argued that her promotion was unfairly cancelled. The Committee considered whether the denial of the grievor's promotion was in accordance with the applicable policy, Canadian Forces Administrative Order (CFAO) 49-4, Career Policy Non-Commissioned Members Regular Force.

The Initial Authority, the unit Commanding Officer, concluded that the grievor was not eligible for promotion because she lacked a valid fitness test, was on a Temporary Medical Category (TCat), and had been placed on a Counselling & Probation (C&P) remedial measure.

The Committee found that the grievor did not meet the promotion prerequisites on the promotion date or at any time within the 12 month deferment window. After being removed from the TCat, the girevor lacked a valid fitness test. By the time she obtained a valid fitness test, she had been placed on C&P. When she was removed from C&P she was already well past the 12 month deferment window from the original promotion date.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–08–28

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