# 2019-002 Releases, Compulsory Retirement Age, Medical Employment Limitation, Release

Case summary

F&R Date: 2019-08-12

The grievor challenged the decision by the Director Military Careers Administration (DMCA) to release him from the Canadian Armed Forces (CAF) upon his reaching mandatory retirement age and not on medical grounds. As redress, the grievor requested that his item of release be changed from 5(a) - Retirement Age, to 3(b) - On Medical Grounds.

The Initial Authority denied the grievance on the grounds that the grievor's medical employment limitations (MEL) were determined to be at low risk of violating the Universality of Service principle. Therefore, the grievor was able to serve with some accommodation until he reached his mandatory retirement age.

The Committee determined that the CAF had recently begun to interpret MEL in a less strict manner to take into account current CAF realities, such as the improved level of medical support to deployments and the recognition that not every CAF member need be capable of deploying on any or every type of mission. In accordance with the less restrictive interpretation of MEL, the Committee found the DMCA decision that there was no requirement to release the grievor on medical grounds was reasonable.

Notwithstanding its finding that the grievor was not aggrieved, the Committee noted that the lack of transparency surrounding the manner in which MEL were now being interpreted had created uncertainty, confusion and distress among CAF members who were expecting to be medically released. Consequently, the Committee recommended that the CAF announce clear direction/information to CAF members in order to keep them informed of the ongoing MEL policy review.

FA decision summary

The grievance was withdrawn.