# 2020-059 Careers, Reserve Employment Opportunity, Reserve Employment Process

Case Summary

F&R Date: 2021–04–08

The grievor, a Cadet Instructor Cadre officer, applied for a Class B Reserve Employment Opportunity (REO) one rank higher than her substantive rank. The grievor was offered an interview, but the position was ultimately awarded to an officer with the correct substantive rank. The grievor claimed that several aspects of the hiring process were flawed, and also challenged the validity of the applicable hiring policy itself.

While the Initial Authority (IA) failed to return a decision within the specified time limit, there was a draft IA decision on file, which stated that the REO hiring process was fair and unbiased, that the decision would not be overturned, and that the IA could not change the Reserve hiring policy. However, the draft IA decision also advised that the policy was under review and that the grievor's concerns would be brought forward as part of the review. 

The Committee found that the REO hiring process was conducted transparently and in accordance with the applicable policy, and concluded that assessing the reasonableness of the hiring policy was beyond the scope of the grievance. The Committee recommended that the grievor not be granted redress. 

FA Decision Summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor not be granted redress. The FA also agreed with the Committee's finding that the grievor was treated fairly and in accordance with the relevant policy in relation to the REO at issue. The FA noted the policy provisions directing the selection of a qualified candidate who meets the rank requirement for a position over an under-ranked candidate.