# 2021-019 Careers, Reserve Employment Process

Case summary

F&R Date: 2021-09-24

The grievor argued that he was unjustly overlooked by his chain of command for a Reserve Class “B” position during the Fulltime Summer Employment (FTSE). The grievor claimed he was the only suitable candidate for the position, but that he was not considered until the deadline to apply was extended. The grievor stated he applied a second time, but was later informed by unit staff that his application was never received and, therefore not considered for the position. The grievor claimed that the selection process was inequitable, unjust and prejudicial to him. As redress, the grievor requested compensation equivalent to the remuneration of the period of service of Reserve Class “B” in question. 

The Initial Authority (IA) denied the grievor redress and noted that the hiring process for the position had not been managed in accordance with the relevant policies. The IA directed that all future FTSE staff positions over 90 days in length be administered in accordance with the Canadian Forces Military Personnel Instructions (CF Mil Pers) 20/04. The IA also found that even if the hiring process had been conducted appropriately, the grievor was not aggrieved by the decision to select another candidate for the position. The IA specifically pointed out two criteria for the position that made the grievor neither eligible nor available.  

The Committee reviewed the hiring process for the FTSE Unit Coordinator and found that it was not carried out in accordance with the applicable polices, thereby causing confusion over eligibility and the number of applicants. Based on the direction provided by the IA that all future FTSE positions over 90 days be handled in accordance with CF Mil Pers Instr 20/04, the Committee considered this aspect of the grievance settled. The Committee also reviewed the grievor's suitability for the position and found that the grievor's medical employment limitations, as well as his self-admitted limitations, precluded him from being able to complete all of the tasks associated with the position and therefore made him ineligible.  

The Committee recommended the Final Authority not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.