# 2022-075 Careers, Acting While So Employed

Case summary

F&R Date: 2022-04-29

The grievor contested the withdrawal of a rank Acting While So Employed (AWSE) as of February 2020. He argued that since the AWSE period commenced prior to the publication of CANFORGEN 040/20, the previous direction, CANFORGEN 060/00 which did not preclude AWSE being granted retroactively, should apply. 

The Chief of Military Personnel, the designated Initial Authority (IA), did not render a decision within the prescribed time limits.   

The Committee found that it was undisputed that the grievor had performed the full spectrum of duties and responsibilities of the higher-ranked position for a period in excess of 90 days, resulting in the Director General Military Careers granting him a promotion AWSE retroactive to October 2019. The new process identified in CANFORGEN 040/20 only came into effect several months after the effective date of the grievor's AWSE promotion. The Committee saw no justification for withdrawing the AWSE rank upon the issuance of CANFORGEN 040/20, while he continued to carry out the full scope of duties of the higher-ranked position.

The Committee recommended that the Final Authority grant redress by authorizing the AWSE rank for the grievor from February 2020 to July 2020. The Committee further recommended that this be reflected in the grievor's Personnel Evaluation Report and considered as applicable by any promotion boards.

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as FA, agreed with the Committee's findings and recommendations and directed DGMC to ensure that the grievor was granted AWSE rank from October 2019 to July 2020 and his military records updated accordingly.