# 2019-106 Careers, Compulsory Occupational Transfer, Entry into the promotion zone

Case summary

F&R Date: 2020-02-24

The grievor complained that a two-year delay in being granted a Compulsory Occupation Transfer (Untrained) (COT(U)), following his training being ceased in his initial occupation, had hindered his career progression and cost him wages commensurate with promotions.

The Initial Authority (IA) found the grievor had been aggrieved, noting that, through no fault of the grievor, the file was mishandled and took longer than the 90 days provided in the Canadian Forces General Message (CANFORGEN) 257/10. The IA backdated the grievor's promotion to one year after the grievor ceased training and amended his Enter promotion zone (EPZ) eligibility date accordingly.

Given the number of variables in each specific COT(U), the Committee found that it was reasonable to backdate the grievor's promotion date to one year after his cease training date, with concomitant adjustments to his pay and EPZ date. The Committee did not recommend redress beyond that directed by the IA.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA), partially agreed with the Committee's recommendation to uphold the grievance. The FA disagreed with the date recommended and granted an earlier retroactive promotion. The FA explained that the CANFORGEN 257/10 states that COT(U) files have to be forwarded to the Director General Military Careers (DGMC) within 90 days; whereas it took 15 months in the grievor's case. Considering that DGMC held monthly COT(U) selection boards, the FA added that it was reasonable to conclude that a COT(U) decision in favour of the grievor could have been taken nine months prior to what was found by the IA and the Committee. She directed a retroactive promotion with appropriate adjustments to pay and EPZ dates. In addition, the FA directed Military Personnel Command to consider a review of the 90-day timeline provided in CANFORGEN 257/10 if they find it is not reasonable.