# 2015-004 Careers, Compulsory Occupational Transfer (COT), Relinquishment of Rank

Case Summary

F&R Date: 2015–04–30

The grievor commissioned under the University Training Plan for Non-Commission Members but failed to meet the performance standards for his occupation training. He was not found suitable for transfer to any open officer occupation and was therefore offered the opportunity to relinquish his officer rank and undergo a Compulsory Occupational Transfer – Untrained (COT-U) to his former non-commissioned member occupation, as an alternative to requesting release.

The grievor argued that he was coerced into relinquishing his rank and he did not believe that he should have been subject to the Canadian Forces General Messages (CANFORGEN) 225/10 and 257/10 since he was not a new entrant and he did not want to release. He grieved that he was not presented an opportunity for a COT-U to an officer occupation, specifically Logistics.

The Initial Authority (IA) denied the grievance indicating that the grievor was treated appropriately and in accordance with policy. The IA noted that the grievor was not coerced; he was presented a choice whereby he selected his preferred option. The IA also pointed out that CANFORGENs 225/10 and 257/10 did apply to the grievor.

The Committee found that the grievor was treated fairly in accordance with policy. The Committee also found that the CAF authorities attempted to find the best possible solution for the grievor; however, the officer occupations that he was deemed suitable for were closed. The Committee noted that the grievor was considered for one open officer occupation but was deemed unsuitable and therefore relinquishment or release were the only options available to him.

CDS Decision Summary

CDS Decision Date: 2016–06–01

The CDS agreed with the Committee's findings and recommendation that the grievance be denied. However, the CDS agreed with the Committee that the maladministration of relinquishments could have serious legal and financial consequences, and he was of the view that according to 1.13 and 1.16 of the QR&Os, the power and functions to relinquish rank could devolve to CMP, including the power to promulgate specific policy in order to facilitate both the request for, and the granting of requests to relinquish rank.