# 2019-144 Pay and Benefits, Acting while so employed

Case summary

F&R Date: 2020-12-01

The grievor disputed his chain of command's refusal to grant him an acting rank while so employed (AWSE) promotion for the period during which he held an established position at the next rank level. According to the grievor, Canadian Forces General Message (CANFORGEN) 060/00 indicates that a member who is posted to a position normally established at a higher rank shall receive acting pay that matches that rank.

The Initial Authority (IA) concluded that the grievor did not meet the conditions set out in CANFORGEN 060/00 for AWSE promotion even though he had held a position at the next rank level. The IA noted that the position held by the grievor did not require the next rank level and that the grievor did not have the qualifications for promotion. The IA also found that the chain of command had the authority, under the circumstances, to fill the position with a member at the lower rank level.

The Committee concluded that CANFORGEN 040/20, which supercedes CANFORGEN 060/00, is the one that applies to the grievor's case. Indeed, CANFORGEN 040/20 corrected a situation that the Chief of the Defence Staff (CDS) had recognized as unfair. In accordance with a number of decisions by the CDS and the Final Authority (FA) in previous cases, three conditions now apply to AWSE promotions, and the grievor's situation meets these three conditions. The Committee also found that there is no provision that allows the Commanding Officer (CO) to informally determine the rank of the position depending on which member is appointed to fill it. The Committee therefore recommended that the grievor be granted AWSE promotion for the employment period concerned.

FA decision summary

The Chief of the Defence Staff (CDS) is in agreement with the Committee's recommendation to allow the grievance and award the grievor an AWSE rank for the period in question. The CDS concluded that the decisions of the CO and the IA were erroneous and that the Director General for Military Careers should have acted as IA. The CDS indicated that a decision, issued by an authority other than the one responsible, renders the decision invalid and that it must be cancelled. He noted that the Canadian Armed Forces had published CANFORGEN 040/20 on AWSE, which should be more specific on the conditions without requiring members to submit a grievance.