# 2019-230 Careers, Promotion

Case summary

F&R Date: 2021-04-23

The grievor stated that over a period of four years, apart from him, all other members of his unit that completed their Primary Leadership Qualification (PLQ) had been appointed to Master Corporal (MCpl). He claimed that he had been treated unfairly by his chain of command and alleged that he was not given an appointment because of his race or his fluency in English, which was not the same as his native English-speaking colleagues. He requested a backdated appointment to MCpl.

The Initial Authority was unable to render a decision within the allotted time limit. The unit Commanding Officer (CO) explained that the grievor consistently displayed performance issues related to trade knowledge and instructional ability. The CO also noted that the grievor had been offered an assessment plan to improve his instructional abilities, and that once the grievor met an acceptable standard, he was appointed to MCpl.  

The Committee found that the grievor had not provided evidence of discrimination based on race, and that proficiency in one or both of Canada's official languages is a bona fide requirement for employment in the Canadian Armed Forces and vital for career progression. The Committee noted that, after his PLQ course, there was evidence that the grievor had displayed performance issues that did not merit appointment. The Committee considered that the CO's assessment plan was an acceptable measure that gave the grievor an opportunity to demonstrate that he could meet the standard required for appointment to MCpl. The Committee found that the decision not to appoint the grievor to this rank earlier was justified and recommended that the Final Authority (FA) not afford redress.

FA decision summary

The Acting Chief of Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.