# 2021-145 Pay and Benefits, Entitlement to specialist pay - Naval Combat Information Operator - Reserve Force - Primary Reserve - Class C, Specialist pay

Case summary

F&R Date: 2021-09-28

The grievor, a Reservist, was denied Specialist (Spec) pay for Naval Combat Information Operators (NCI OP). He argued that he possessed the necessary qualifications for Spec pay while providing Class “C” service. As redress, the grievor sought to receive retroactive Spec pay for his Class “C” service.

The Initial Authority (IA) found that although the grievor met the required rank and occupational qualifications, the Reserve Force (Res F) NCI OP occupation subdivision had not been allocated to a Spec pay trade group. As such, the IA found that the grievor had not met all of the entitlement conditions for receipt of Spec pay. The IA concluded that the grievor's pay had been administered in accordance with applicable policies and denied redress.

The Committee found that Compensation and Benefits Instructions (CBI) 204.30(3.1) set out three conditions for entitlement to Spec pay. A member must be assigned to a qualified sub-occupation that has been allocated to a Spec pay trade group and they must meet the required rank and occupational qualifications.

The Committee found that the grievor met the rank and occupational requirements set out in CBI 204.30(3.1). The Committee also noted that, because of a 23 August 2021 amendment, the NCI OP occupation includes a Res F NCI OP occupation subdivision allocated to a Spec pay trade group.  

Accordingly, the Committee found that the grievor met the remaining condition set out in CBI 204.30(3.1) and was entitled to receive retroactive Spec 1 pay for his Class “C” service. The Committee recommended that the Final Authority grant redress by awarding Spec 1 pay retroactively for the period the grievor served on Class “C” reserve service as a Res F NCI OP. 

FA decision summary

The Director Grievance Authority for the Canadian Forces, acting as Final Authority (FA), agreed with the Committee's findings and recommendation and directed that the grievor be afforded redress. The FA also agreed with the Committee's systemic recommendation that that those NCI OP Primary Reserve Force members, who met the requirements for Spec 1 pay, and who provided Class “C” service, be identified and paid Spec 1 pay for their Class “C” service. The FA directed the Director of Pay Policy and Development to work with the Naval Reserve Headquarters to identify and amend the pay of those non-commissioned members in the Primary Reserve Force who may have been similarly affected by this oversight.