# 2021-263 Pay and Benefits, Acting While So Employed

Case summary

F&R Date: 2023-03-31

The grievor challenged the refusal to grant her retroactively a promotion to Acting While So Employed (A/WSE) Major (Maj). The grievor stated that she had assumed all the responsibilities of the Maj rank position for a period of 230 consecutive days. She reiterated that she had yet to find a policy stating that an A/WSE promotion was only possible when the person to be replaced was deployed and that she still failed to understand the decision.

The Initial Authority (IA) stated that the grievor's unit should have submitted a request for an A/WSE promotion as soon as it planned to assign to the grievor the responsibilities of a higher rank, which would have triggered an administrative review. Because this was not done, the IA ordered the Director Military Careers to conduct a review of the A/WSE for the period identified in the grievance.

The Committee found that the grievor had performed all the duties and responsibilities in the absence of her supervisor for 230 days and that an administrative review should have been initiated with respect to the A/WSE promotion. Finally, the Committee found that, in the circumstances, if the initial request had been handled correctly, the grievor would have obtained the promotion to A/WSE Maj.

The Committee recommended that the Final Authority grant the grievor a promotion to the rank of Maj for the period requested.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation to grant the A/WSE for the period at issue.