# 2017-167 Pay and Benefits, Relinquishment of Rank, Reserve Force

Case summary

F&R Date: 2018-08-23

The grievor signed a Statement of Understanding voluntarily relinquishing his rank of Major to accept a period of Class “B” Reserve Service in a position with the rank of Captain (Capt). He later questioned whether his relinquishment was necessary, claiming that he had been informed that he was the sole applicant for the position.

The Initial Authority denied the grievance, finding that the position was a Capt's position and that no establishment changes were made or promised to the grievor.

The Committee noted that the Canadian Armed Forces policy allows the consideration of over-ranking a member in a position under certain conditions, one of which is that no suitable candidate is found to fill the vacant position at the correct rank. Although the Committee concluded that no suitable Capt was available to fill the position in question, the Committee also found that the applicable policy did not oblige the chain of command to over-rank the grievor in the position. Finally, the Committee noted that the chain of command did not wish to over rank the position in question and, given that they successfully filled the position with a Capt, the Committee found that the grievor's relinquishment of rank was administered in accordance with the applicable policy.

The Committee recommended that the grievance be denied.

FA decision summary

The FA agreed with the Committee that over-ranking was discretionary and found it was reasonable to decide not to over-rank. It was consistent with policy to require the grievor to relinquish rank to accept the position and he had voluntarily done so. The duties and responsibilities assigned to him were reasonable for the lower rank.