# 2021-239 Pay and Benefits, Acting while so employed, New interim direction – Acting while so employed promotion

Case summary

F&R Date: 2021-11-15

The grievor contested the withdrawal of her acting while so employed (AWSE) rank as of 14 February 2020. The Chief of Military Personnel, the designated Initial Authority, did not render a decision within the time limit.

The Committee found it was undisputed that the grievor had performed the full spectrum of duties and responsibilities of the higher-ranked position for a period in excess of 90 days, resulting in Director General Military Careers (DGMC) granting her AWSE rank effective June 2019. Furthermore, the new process identified in Canadian Forces General Messages (CANFORGEN) 040/20 only came into effect several months after the date of the grievor's AWSE promotion. The Committee saw no justification for withdrawing the AWSE rank upon the issuance of CANFORGEN 040/20, given she continued to carry out the full scope of duties of the higher-ranked position. The Committee recommended that the Final Authority (FA) grant redress by authorizing AWSE rank to the grievor from 14 February 2020 through to August 2020.

In a systemic recommendation, the Committee recommended that the FA direct the DGMC to reconsider any denied requests for AWSE rank submitted for Canadian Armed Forces members who were already serving in the higher ranked position on 14 February 2020.