# 2021-089 Pay and Benefits, Acting While So Employed

Case summary

F&R Date: 2021-07-28

The grievor argued that she should have received Acting While So Employed (AWSE) status while she filled a manager role from 22 July 2019 to 26 June 2020. She claimed that although she was replacing a civilian manager, that the position is established for a Canadian Armed Forces (CAF) member at rank of Major (Maj)/Lieutenant-Commander (LCdr). Although the grievor asked for AWSE status, a formal request was not staffed through the official channels and, as a result, the grievor was not granted an AWSE promotion.

The Initial Authority (IA) stated that she could not accept the grievance as there was no remedy available to the grievor. The IA asserted that she was unable to compensate the grievor with an AWSE appointment for a civilian position.

The Committee found that the grievor was acting in a CAF position established at the rank of Maj/LCdr for a period of 11 months. Furthermore, the Committee opined that it would be appropriate in this case for the Chief of the Defence Staff to waive any promotion standards not met by the grievor, and in particular, the requirement that the grievor should have been formally posted to the position.

The Committee recommended that the Final Authority FA) afford the grievor redress by waiving any promotion standard not met by the grievor and approving the AWSE promotion for the grievor retroactively with the appropriate remuneration and associated inclusion in her Personnel Evaluation Report (PER) and personnel records.

FA decision summary

The FA agreed with the Committee's findings and recommendation and directed that the grievor be retroactively granted acting rank and that her pay and records and PERs be updated to reflect the change.