Acting While So Employed

Topic

Acting While So Employed

Case number

• 2009-014 (F&R Date: 2009–11–30)

Description

The grievor, a Captain, submitted a grievance concerning the fact that he had acted in positions at the rank of Major during intermittent periods totalling 30 months, and felt he was entitled to financial compensation.

The initial authority denied the grievance based on the fact that the grievor did not satisfy all the requirements for acting while so employed promotion, which he deemed was the only avenue to provide the requested financial compensation to the grievor.

The Board noted that, as a result of another similar grievance, the Chief of the Defence Staff (CDS) requested, in 2003, that the acting rank policy be reviewed and a report be provided to him. However, no apparent action had been taken.

Recommendation

The Board recommended that the CDS raise the issue of the acting rank policy again with the appropriate authorities with the view to providing a fair and coherent policy for all members.

Final Authority Decision

The CDS agreed with the Board's findings and recommendation to partially uphold the grievance, by waiving the criteria for AWSE, which the grievor did not meet.  The CDS was satisfied that the grievor's situation was unique and exceptional, given the time he was required to carry out the duties and responsabilities, during a difficult period.  The CDS did not clearly address the Board systemic recommendation.  The CDS did write that he is aware that the AWSE policy remains a contentious systemic issue and that a requirement is needed to find a solution to provide remuneration for such circumstances.  However, he anticipated that a revised AWSE policy will soon be issued as part of a larger, new global CF promotion policy.