# 2021-028 Careers, Medical condition, Medical Employment Limitation

Case summary

F&R Date: 2022-01-26

The grievor disputed the medical employment limitation (MEL) assigned to him and asserted that, due to the changes brought to the Canadian Armed Forces (CAF) fitness and medical policies, he was denied a medical release despite a deterioration in his medical condition. The grievor indicated that his chain of command told him that because his MEL did not include a statement precluding fitness testing, he was expected to carry out the activity and was ordered to book an appointment. The grievor asserted that by having to conduct yearly fitness tests, he was being asked to violate his MEL and, as a result, he had to undergo a second surgery due to the deterioration of the knee joint.

The Initial Authority (IA) rejected the grievance due to time limitations. The IA stated that the grievor had not demonstrated that the delay was due to circumstances that were unforeseen, unexpected or beyond his control and therefore, it would not be in the interests of justice to consider the grievance.

The Committee found that, based on the additional information received regarding the grievor's MEL, it was unclear as to whether the grievor was medically able to tolerate any amount of running and if he could be retained without restrictions in the CAF. As such, the Committee found that a reassessment of the grievor's medical condition was warranted, followed by a new administrative review of the MEL by the appropriate authority to confirm that he could be safely employed within his occupation.

The Committee recommended that the Final Authority (FA) afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority , acting as FA, found that the grievor had been treated fairly and in accordance with policy. However, he stated that he agreed with the Committee's findings and the recommendation to reassess the grievor's file. He directed that a new Administrative Review MEL be conducted.