# 2018-110 Pay and Benefits, Pay, University Training Plan Non-Commissioned Members

Case summary

F&R Date: 2019-12-10

In 2017, the grievor, who was holding the rank of Master Corporal (MCpl) at the time, was ranked high enough on the promotion list to be promoted to the rank of Sergeant (Sgt). In June 2017, he accepted an offer to attend the University Training Program for Non-Commissioned Members (UTPNCM). He therefore remained at the rank of MCpl until he was appointed to the rank of Officer Cadet in August 2017.

The grievor contends that in July 2017, he met all the conditions to be promoted to the rank of Sgt and that Canadian Armed Forces members ranked lower than him were promoted. He also argues that a UTPNCM colleague in a similar situation was promoted to the rank of Sgt shortly before beginning the program.

The Director General Military Career, as Initial Authority, denied redress. He contends that the directives clearly indicate that applicants are not eligible for promotion after accepting a UTPNCM offer and that it would not have been reasonable to promote the grievor and employ him in a Sgt's position for only six weeks.

The Committee noted that promotions are based on service requirements. While the applicable policy provisions indicate that applicants are normally not promoted after accepting a UTPNCM offer, the Committee found that they do not preclude it and did not specify the circumstances that allowed for it. Although the grievor was treated in accordance with the applicable provisions, the Committee stated that the Final Authority (FA) could exercise discretion to recognize the grievor's career progression by promoting him to the rank of Sgt retroactively, or to Lieutenant upon successful completion of the UTPNCM.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.