# 2021-196 Careers, Recruitment, Re-Enrollment

Case summary

F&R Date: 2022-06-22

The grievor contended that his enrolment in the Canadian Armed Forces (CAF) was unreasonably delayed due to errors and omissions on the part of the Canadian Forces Recruiting Center. The grievor sought, as redress, a retroactive amendment to his enrolment date and reimbursement of the pay and benefits he would have been entitled to receive if he had enrolled on that date.

The Initial Authority (IA) denied the grievance. The IA explained that Defence Administrative Orders and Directives 5002-1, Enrolment does not provide concrete timelines for enrolment but asserted that reasonable efforts are made for timely applicant processing. The IA explained that, in the grievor's case, additional steps unique to his enrolment processing were required and found that all engagements were made to ensure that the grievor's eligibility, suitability and entitlements were determined prior to his enrolment.

The Committee noted that there appeared to be three periods of approximately six months each where the grievor's enrolment process had stalled. The Committee found that the first delay may have been attributable to the CAF, but that the second and third delays were the result of uncertainty regarding the grievor's medical fitness to enroll and the grievor's initial submission of incomplete education documentation. The Committee found that these delays were the result of reasonable due diligence on the part of the CAF. The Committee further noted that even if the delays had been unreasonable and attributable to the CAF, the legislative framework governing the enrolment, pay, and benefits of the CAF members precludes the redress sought by the grievor.

Accordingly, the Committee recommended that the Final Authority deny the grievance.

FA decision summary

The Chief Professional Conduct and Culture, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.