# 2018-150 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 grandfathering 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 (CDS) agreed with the Committee's analysis and with its finding that the grievor had been aggrieved. Rather than implement the Committee's suggestion to promote the grievor acting lacking, the CDS waived the requirement for the grievor to have completed her Primary Leadership Qualification course prior to promotion to Sgt and directed the Acting Chief of Military Personnel (A/CMP) to promote the grievor to Sergeant, effective the date she had completed six months' Regular Force service. The CDS determined that the grandfather clause was in fact arbitrary and that the new policy was unevenly applied when it came into force, such that some members in similar circumstances were promoted while others were not. The CDS also noted that he had directed the A/CMP to review all musician files to ensure that members in circumstances similar to the grievor's would also receive retroactive promotions.