# 2021-272 Careers, Occupational Transfer

Case summary

F&R Date: 2022-08-10

The grievor disputed the denial of his medical waiver request, which he needed in order for an occupational transfer (OT) request to proceed.

There was no Initial Authority decision because the grievance concerned a decision rendered by the Commander Military Personnel Command, who is directly responsible to the Chief of the Defence Staff. Accordingly, the grievance was sent directly to the Final Authority for consideration.

The Committee found that the grievor's initial medical employment limitations (MEL) reasonably prevented the occupational advisor (OA) from supporting the grievor's waiver request. In turn, the Committee found that the lack of OA support and the subsequent decision to deny the grievor's original medical waiver request were both reasonable in the circumstances.

The Committee noted that a subsequent medical waiver request, based on revised MEL, did receive the endorsement of the OA and the requested waiver was approved. As such, the grievor's OT request ultimately proceeded for consideration.

The Committee found that the grievor was not aggrieved and recommended that redress not be granted.