# 2021-088 Pay and Benefits, Acting while so employed

Case summary

F&R Date: 2021-08-25

The grievor disagreed with the decision to deny her request for an Acting While So Employed (AWSE) promotion for the performance of the duties related to a civilian position. The grievor explained that she performed all the duties related to both the civilian position as well as her current position since April 2019. She indicated that after submitting a request for consideration, it was determined that an AWSE promotion was not an option because she needed to remain a subordinate and responsive to the chain of command of her current position. The grievor argued that while she was filling both positions, the civilian position was undergoing an establishment change to a Regular Force Major (Maj) position.

The Initial Authority (IA) stated the grievance could not be accepted because there was no remedy available to the grievor. The IA explained she was not in a position to compensate the grievor with an AWSE promotion as it was a civilian position.

The Committee found that the position was a civilian position until 1 April 2021, at which point it became a Maj position. The grievor continued to fulfill all the duties of both positions until posted in August 2021, even though the grievor and the chain of command had been informed that the grievor could not be granted an AWSE promotion because the position was a civilian one. The Committee found that on 1 April 2021, the grievor became eligible for an AWSE promotion, as she had been acting in the position for over 90 days.

The Committee recommended that the Final Authority afford the grievor redress by authorizing an AWSE promotion effective the date the position became a Maj's position.

FA decision summary

The Director Canadian Forces Grievance Authority agreed with the Committee's findings and recommendation to authorize an AWSE promotion, effective the date the position became a Maj's position.