# 2021-301 Pay and Benefits, Specialist pay

Case summary

F&R Date: 2022-10-31

The grievor claimed that their course loading for the Qualification Level (QL) 5A course did not occur within the designated timeframe and consequently unfairly delayed their eligibility to receive specialist pay.

The Canadian Forces Provost Marshal, acting as the Initial Authority (IA), denied the grievance. The IA found that the applicable policies specified that candidates were “eligible” for course loading but not “entitled” to course loading. The IA concluded that the timing of the grievor's opportunity to attend the QL 5A training was within the parameters of the training policies applicable to all eligible candidates.

The Committee consulted the Occupational Training Coordinator and found that the ability to run courses is often impacted by Instructor shortages and various other factors. Efforts are made to assign members to courses based on seniority but at times a sudden vacancy may need to be filled by a more junior member. The Committee found the explanation provided for the delay experienced by the grievor to be complete and satisfactory. As such, the Committee concluded that the delay was reasonable in the circumstances, and that the grievor had not been treated unfairly.

The Committee recommended that the Final Authority (FA) not afford redress. 

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as the FA, agreed with the Committee's findings and recommendation. He stated that it is simply the reality that the Canadian Armed Forces (CAF) have limited resources, and how these resources are allocated results in fluctuations of training capacity. He found that course loading was managed in an appropriate and transparent way and that the grievor was loaded on the first reasonable course opportunity.