# 2017-129 Careers, Acting While So Employed (AWSE)

Case Summary

F&R Date: 2018–02–26

Over a three-year period, the grievor assumed the duties of Commanding Officer (CO) while underranked. He claimed that he was deserving of a substantive promotion as he was consistently ranked first on the merit list during the applicable period. He also argued that, if not granted a substantive promotion, he should be granted an Acting While So Employed (AWSE) promotion.

The Committee noted that, when the grievor was posted to the CO position, the Trained Effective Strength (TES) for the applicable occupation and rank was on par with the Preferred Manning Level (PML). Consequently, the military requirement was satisfied and, in accordance with Canadian Forces Administrative Order 11-6, no substantive promotion could be authorized.

The Committee noted that, at one point during the applicable three-year period, the TES dropped below the PML. Having confirmed that the grievor was ranked first on the merit list, the Committee found that the grievor was eligible for a substantive promotion on that date.

With regards to grievor's eligibility for an AWSE promotion for the period preceding his substantive promotion, the Committee noted that Canadian Forces General message 060/00 is outdated and no longer reflects the CAF position. The Committee applied the criteria used over the years by the Final Authority and concluded that the grievor had been employed in a higher ranked position in which he performed the complete set of duties and responsibilities for more than 90 consecutive days. On that basis, the Committee found that the grievor should be promoted AWSE when he fulfilled the CO duties while underranked.

The Committee recommended that the Chief of Defense Staff exercise his discretion under Chapters 3 and 11 of the Queen's Regulations and Orders for the Canadian Forces and promote the grievor to the higher substantive rank as of the date where the TES dropped below the PML, and grant AWSE from the date the grievor was posted to the CO's position until his substantive promotion.

FA Decision Summary

FA Decision Pending