# 2022-010 Careers, Promotion, Reserve Force Promotion Policy - CFAO 49-5

Case summary

F&R Date: 2023-01-24

The grievor claimed that he was incorrectly bypassed for promotion. He argued that not being offered a promotion or deferment was contradictory to applicable policy.

The Commander, Maritime Forces Pacific, acting as the Initial Authority (IA), found that the grievor's promotion should have been deferred in accordance with Canadian Forces Administrative Order (CFAO) 49-5, given that the grievor was employed on Class “B” Reserve service and there were no open Class “B” positions to promote him into. However, taking into consideration succession planning requirements, the IA found that the grievor could only have been offered promotion into a Class “A” position. As such, the IA directed that the grievor be offered the next available position with the caveat that the retroactive payment associated with the promotion be limited to a Class “A” Reserve service rate of pay.

The Committee agreed with the IA that the grievor's promotion should have been deferred in accordance with CFAO 49-5 until he had completed his period of Class “B” Reserve service. However, the Committee found that it was incorrect for the IA to include the caveat that the grievor be offered Class “A” pay for a period when the grievor was working full-time on Class “B” Reserve service.

The Committee recommended that the Final Authority afford redress by directing that the grievor be offered the next available position at the next rank. The Committee further recommended that if the grievor accepted the position, that it be retroactive in accordance with paragraph 3(b) of Canadian Forces General Message 092/18, and that the retroactive payment associated with the promotion be paid as Class “B” Reserve service.