# 2024-036 Careers, COVID-19, Reserve Employment Opportunity, Reserve Force

Case summary

F&R Date: 2025-12-15

The grievor disputed the decision to disqualify her from a Reserve Employment Opportunity (REO) due to non-compliance with Chief of the Defence Staff Directive 002 on COVID-19 vaccination (CDS Directive 002), despite being fully qualified for the REO. She argued that she was not afforded the opportunity to request an exemption through the gaining unit, as permitted by CDS Directive 002, and that she had indicated her intention to be vaccinated upon return from leave. As redress, the grievor requested that she be hired for the position upon her return from leave. 

The Initial Authority did not render a decision, as they could not grant some of the requested redress. The grievor requested her grievance be forwarded to the Final Authority (FA). 

The Committee determined that the grievor met the essential qualifications for the REO and was screened out due to her vaccination status and non-compliance with CDS Directive 002. However, unlike other REO postings during the same period, the REO in question did not include any requirement to be compliant with the CDS Directive. The Committee found that omitting this required element was contrary to the Canadian Forces Military Personnel Instruction 20/04, Administrative Policy of Class “A”, Class “B”, and Class “C” Reserve Service, and the grievor should not have been disqualified based solely on this unidentified element. The Committee also noted that the grievor's records indicated she was now employed in a comparable position with the gaining unit, which was her requested redress, and recommended that the FA not afford the grievor redress.