Case # 2010-025

Component Transfer (CT), Terms of service

Case Summary

F&R Date: 2010-06-30

As a member of the Canadian Rangers (CR), the grievor was employed in a Reserve position at the rank of Master-Corporal (MCpl) for a number of years. During an establishment review, it was revealed that members of the CR, including the grievor, were being improperly employed in Reserve positions in a Group Headquarters. To correct this, members in these positions were given approximately 15 months notice of the termination of their employment and were invited to join the Primary Reserve (PRes) if they wished to continue seeking employment in Reserve positions.

The grievor chose to transfer to the PRes and was awarded the rank of Private (Pte) and incentive pay category (IPC) 3 upon transfer. The grievor contended that based on her previous six and a half years employment in the MCpl position, as well as her experience and qualifications, she should have been transferred as a MCpl IPC 4. Since she did not hold the qualifications for the MCpl rank, she suggested that she should have been given Acting Lacking (AL) rank with provisional status for three years, during which time she would be required to obtain the necessary qualifications.

The initial authority (IA) denied the grievance based on the fact that the grievor did not have the qualifications required for a rank higher than Pte. The grievor argued that the IA was applying the rules as per a "normal" transfer and that her situation should have been considered as a "special case" which is provided for in the regulations.

The Board recognized that it was unfortunate that the grievor had been misemployed in a Reserve position for such a long time, but noted that she was given 15 months notice of termination, which was considered more than fair.

The Board noted that, although the enrolling authority had some discretion in regards to the rank granted on enrolment, he could not simply overlook the fact that the grievor had not completed any military or occupational training, except for one course.

The Board found the grievor was not qualified to be transferred at a rank higher than Pte.

The Board found that the grievor's "qualifying service" was considered in granting her the highest IPC possible within the rank of Pte on transfer.

The Board recommended the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2011-02-22

The CDS partially agreed with the Board's findings and disagreed with its recommendation to deny the grievance. The CDS acknowledged that the grievor did not have several required qualifications to be granted the rank of MCpl, and it would be inequitable to other members if he waives these qualifications and allows the rank to the grievor. However, the CDS found that the grievor's transfer to the PRes occurred under unique circumstances: the grievor fulfilled the role of a pay clerk for numerous years, and she achieved several job specific training courses, including the achievement of the RMS Clerk QL3, prior to her transfer to the PRes. The CDS found that it would have been appropriate to transfer the grievor at the rank of A/L Cpl; he therefore directed that the rank be backdated to the date of the grievor's transfer to the PRes, and that the grievor's pay and benefits be adjusted accordingly.