# 2015-320 Careers, Acting rank, Medical condition, Pregnancy, Promotion

Case summary

F&R Date: 2016-05-31

The Committee found that the grievor could be promoted to Acting Lacking / Corporal when eligible despite being on a temporary category (TCAT), in accordance with paragraph 21 of Canadian Forces Administrative Order (CFAO) 49-4. Alternatively, the Committee found that the medical evidence showed that the TCAT should have been removed prior to the grievor being placed on a pregnancy related TCAT, which would not bar her promotion.

FA decision summary

The Final Authority (FA) agreed with most of the Committee's findings and with its recommendation that the grievor be promoted Acting Lacking / Captain. The FA did not agree with the Committee's interpretation of some sections of CFAO 49-4 that paragraph 21 also applies to Acting Lacking promotion of Privates while on a TCAT and lacking the Qualification Level 5A qualification due to service reasons. The FA agreed with the Committee's alternative finding that, based on the balance of probabilities, the grievor's TCAT should have been lifted prior being placed on a pregnancy related TCAT and should not have been a limiting factor in her promotion to Acting Lacking / Corporal.