# 2021-159 Pay and Benefits, Annual leave, Release - Benefits

Case summary

F&R Date: 2021-09-10

The grievor challenged the removal of the acting while so employed (AWSE) rank before his release from the Canadian Armed Forces (CAF) as well as the calculation of his leave payout, earned at his substantive rank and not at his AWSE rank. He was seeking an amendment to the policy to allow for cash out leave at the preferred moment and rank.

The Commander Military Personnel Command, acting as Initial Authority (IA), explained that the policy relevant to AWSE rank, CANFORGEN 060/00 Acting Pay/Rank, provides that a member must return to their substantive rank at the end of the employment period or when the position no longer warrants the acting rank. This ensures that the integrity of merit-based promotions will not be affected and that merit boards will not be overruled. The IA also explained that relevant policies covering the reimbursement calculation for leave, specifically Chapter 205 of the Compensation and Benefit Instructions and the Canadian Forces Leave Policy Manual, stipulate that the calculation be based on monthly pay for the substantive rank. As a result, the calculation was correct. The IA noted that since 1996, great efforts have been made to encourage CAF members to take their leave and not accumulate it, for health reasons, and that the change desired by the grievor would have had the opposite effect.

The Committee determined that the grievor had been treated in accordance with relevant policies with respect to the two issues and that no change in policy is warranted. The Committee recommended that redress not be granted. 

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.