# 2022-037 Careers, Acting while so employed, Time in rank

Case summary

F&R Date: 2023-03-07

The grievor, an officer in a specialist occupation, sought a reduction in the time in rank (TIR) required for her promotion to Captain (Capt), contending that her previous experience as a non-commissioned member in the Reserve Force, and as a junior officer performing on-the-job training, merited special consideration for a TIR reduction. The grievor also argued that her first posted position as a lieutenant (Lt) was wrongly classified as a Lt/Capt position when it should have been a hard Capt position, thereby meriting her appointment as an acting while so employed (AWSE) Capt upon posting to that position.

The Director General Military Careers, acting as the Initial Authority (IA), rejected the grievance for being submitted outside the three-month time limit. However, the IA grievance officer completed an initial investigation of the grievance and concluded that the grievor was required to spend a minimum of three years in the rank of Lt before being promoted to Capt, and that her Entry into Promotion Zone (EPZ) date was policy compliant. The investigation also found that the grievor's position was properly classified as a Lt/Capt position and that it could be filled by an officer of either rank.

The Committee found that the grievor's eligibility and EPZ for promotion to Capt were calculated correctly in accordance with the applicable Canadian Armed Forces policy. The Committee noted that the grievor's position was classified as a Lt/Capt position, and found that as a Lt, the grievor met the rank requirement for the position and could not be granted an AWSE promotion to Capt.

The Committee recommended that the Final Authority not afford redress. 

FA decision summary

The Chief of Staff Chief Professional Conduct and Culture, acting as Final Authority (FA) agreed with the Committee's recommendation to deny the grievance. The FA found that the grievor's experience and educational accomplishments were noteworthy, but did not negate the requirements of the applicable regulations. The FA explained that three years in rank are necessary for the promotion sought by the grievor. The only exception provided for specialist officer positions is when members have a master's degree or civilian experience after the obtention of a master's degree which do not apply to the grievor. The FA also noted that the grievor's position was ranked at Lt/Capt for which the grievor met the rank requirement and was therefore not acting in a higher rank position.