# 2021-182 Careers, Acting while so employed

Case summary

F&R Date: 2021-09-29

The grievor challenged the denial of an acting while so employed (AWSE) promotion as a Lieutenant Colonel (LCol) by the Director Military Careers (D Mil C) Career Manager. 

The Director General Military Careers (DGMC), acting as the Initial Authority (IA), directed the D Mil C to complete an AWSE review. D Mil C subsequently denied AWSE for the grievor as all retroactive AWSE requests were to be denied in accordance with Canadian Forces General Message (CANFORGEN) 040/20, ACTING WHILE SO EMPLOYED RANK POLICY FOR LCOL/[COMMANDER] AND BELOW.

The Committee found that the Career Manager’s decision to deny AWSE rank was not supported by policy nor was it within the Career Manager's authority to make. The Committee also found that the D Mil C did not have the required authority to deny the request for AWSE for the grievor and could really only make a recommendation to the DGMC. As the IA, the DGMC should have conducted the AWSE review, as he was the approving authority of AWSE for Regular Force members at the rank of LCol or below. The Committee also found that, under the circumstances, had the initial request for AWSE been treated appropriately, the grievor would have been granted AWSE at the rank of LCol while he performed the full spectrum of duties and responsibilities for a period greater than 90 days. 

The Committee recommended that the Final Authority afford the grievor redress by authorizing an AWSE promotion while the grievor performed the duties and responsibilities of the LCol position. The Committee further recommended that this information be included in the grievor's Personnel Evaluation Report and considered as applicable by any promotion boards.  

FA decision summary

The Final Authority, Director Canadian Forces Grievance Authority, agreed with the Committee's findings and the recommendation to grant the AWSE promotion and adjust all records accordingly.