# 2021-244 Careers, Promotion, Acting while so employed

Case summary

F&R Date: 2021-12-22

The grievor sought a promotion to an Acting while so employed (AWSE) rank. The Committee noted that the grievor had been assigned all of the tasks and responsibilities of the higher rank since 7 January 2019, that he had completed his qualification for his substantive rank on 1 March 2019, and that the Director General Military Careers (DGMC) had later approved his promotion to AWSE rank as of 29 July 2019. The Committee recommended that the grievor be promoted to the AWSE rank effective 1 March 2019. The DGMC refused to promote the member after 14 February 2020, even though the grievor was continuing to perform the same duties, because Canadian Forces General Message 040/20 required that an AWSE rank be requested prior to the start date. The Committee concluded that there was no justification for removing the rank and that the grievor had continued to meet the requirements up to 12 July 2020, and it recommended that the promotion be granted up to that date.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, accepted the Committee's findings and recommendations. However, the FA used the discretionary power provided for under paragraph 11.2(2) of the Queen's Regulations and Orders for the Canadian Forces and the FA ordered that the requirement to complete the substantive rank qualification be overridden prior to obtaining an acting while so employed (AWSE) rank promotion. The FA also ordered that the AWSE rank promotion be amended to reflect an effective date of 7 January 2019 for the duration of the grievor's employment in the higher rank position (until 12 July 2020).