# 2018-122 Pay and Benefits, Compulsory Retirement Age, Release - Compulsory

Case summary

F&R Date: 2019-04-05

The grievor challenged the decision of the Director of Senior Appointments (DSA) to force him to retire before his compulsory retirement age of 60. The Initial Authority (IA) found that the DSA decision was not compliant with the Chief of the Defence Staff’s intent and direction concerning the directed release of members holding senior appointments. The IA concluded that the grievor was eligible to serve until he reached 60 years of age and directed that his release proceedings be ceased immediately. Notwithstanding the IA decision, the grievor requested compensation for the confusion and stress he suffered due to the DSA direction that he be released.

The Committee found that, although the DSA decision was not policy compliant, the IA direction corrected the erroneous decision. The Committee also found that the grievor had not demonstrated that he had suffered any financial loss as a result of the now corrected DSA decision, and therefore recommended that he not be granted any additional compensation.

FA decision summary

The Final Authority (FA), the Acting Chief of the Defence Staff, agreed with the Committee's recommendation that the grievor not be granted redress. The FA agreed that the grievor had been aggrieved as the release decision at issue was not policy compliant, but that the grievance was appropriately remedied when the IA cancelled the release.