# 2020-226 Pay and Benefits, Reserve employment opportunity

Case summary

F&R Date: 2021-06-25

The grievor complained that the request for approval for a reserve employment opportunity Class “B” that they won was excessively delayed. The grievor explained that once they were informed they had won the competition, they stopped their job search because they believed they could continue to serve in Class “B” once their previous contract ended. The grievor argued that a three-month administrative delay to forward an activation request for their contract is unreasonable and caused them to lose an employment opportunity with the reserve. As a result, they requested financial compensation for lost income.

The Committee explained that, though selection following a competition does not guarantee the conclusion of an agreement, the circumstances in the current case demonstrate that the Canadian Armed Forces (CAF) let the grievor believe that they would be employed. Furthermore, evidence shows that the unit was aware of the delays and that they did not inform the grievor. The Committee found that the CAF had an obligation to advise the member of any anticipated delays during the hiring process. Had that happened, the member could have made informed decisions, such as resuming their search for jobs in the reserve, which would have limited the financial harm experienced.

The Committee found the fact that the grievor had not been warned of the possibilities of a delay caused them financial hardship, as they went without income until May 2020. Under the circumstances, the Committee found that situation met the criteria for a ex-gratia payment to compensate for the grievor’s inconvenience and hardship.

The Committee recommended that the Chief of the Defence Staff grant an ex-gratia payment to the grievor.