# 2018-104 Careers, Military Occupation, Promotion

Case summary

F&R Date: 2019-03-29

These grievors contended that they had been disadvantaged by structural changes to the music branch, which unfairly delayed their promotions to Sergeant (Sgt). The grievors argued that they should be promoted in accordance with the music branch promotion policy that was in effect at the time of their enrolments.

The Committee determined that the implementation plan for major changes to the music branch structure had not been well communicated, resulting in uneven treatment of serving musicians. The Committee found that the “grandfather clause” in the implementation plan was arbitrary rather than the result of a thorough analysis of the impact of the changes on serving musicians. The Committee concluded that there were 14 musicians whose promotions to Sgt would be delayed by up to ten years, from what they had expected, as a result of the new branch structure.

The Committee recommended that the Final Authority (FA) either amend the grandfather clause in the implementation plan to protect those members who were serving at the time or promote those members, who had enrolled under the previous promotion policy, to acting Sgt prior to the implementation date of the new structure.

FA decision summary

The Chief of the Defence Staff, acting as FA, determined the grievance after a previous FA decision by Director Canadian Forces Grievance Authority was quashed by the Federal Court. The FA agreed with the Committee's findings that the "grandfather" clause had been arbitrarily set and poorly communicated, and that it failed to provide a mitigation strategy for affected members. He directed that the grievor and those other musicians who, by 20 November 2016 had completed their Qualification Level 6A, served six months in the Regular Force (Reg F), and were only awaiting their Canadian Forces Primary Leadership Qualification, be promoted to Sgt on the date that they attained six months of Reg F service.