# 2019-038 Careers, Class C Reserve Service

Case summary

F&R Date: 2019-11-14

The grievor was a reservist who sought Class “C” status during Operation (Op) LENTUS-17-03. The grievor argued that his Op order contradicted the order issued by higher headquarters in relation to entitlement to Class “C” status. Although the grievor was not geographically displaced, he argued he was entitled to Class “C” because he was activated and deployed solely for Op LENTUS in a high readiness status.

The Initial Authority (IA) explained that the grievor was employed within the normal unit lines and did not operate under austere conditions that presented an element of risk and was therefore, not entitled to Class “C” status. The IA also considered the grievor to be supporting a contingency operation in a non-deployed headquarters and denied Class “C” status.

During the investigation of this grievance, the Committee sought input from the Subject Matter Experts (SME) responsible for the Administrative Policy of Class A, Class B and Class C Reserve Service. The SME confirmed that personnel assigned to Op LENTUS 17-03 via a formal tasking should be considered deployed and on Class “C” service. Based the SME's input, the Committee found the grievor was entitled to Class “C” status while employed on Op LENTUS 17-03.

FA decision summary

The Final Authority agreed with the Committee's findings and recommendations.

The FA found that a simple reading of Queen's Regulations and Orders for the Canadian Forces 9.08(1)(b) and 9.075 would indicate that the grievor was on Class C but he agreed that the wording of Canadian Forces Military Personnel Instruction(s) 20/04 para 5.4 was not clear and noted that Director Materiel Policy and Procedures staff had taken action to clarify the policy. He concurred with the Committee that neither the existence of austere conditions nor budgetary concerns were relevant factors in determining the class of service. He directed that that the commander of the Canadian Army initiate a class of service review for the other members in the grievor's situation.