Case # 2010-008

Incentive Pay Category (IPC), Pay

Case Summary

F&R Date: 2010-06-29

The grievor was affected by military delays in his training to become a pilot. As a result, in August 2003, when the grievor attained Wings Standard, he was given a backdated promotion to Captain (Capt) with an effective seniority date of October 2001. The grievor also received retroactive pay as a Capt General Service Officer for the period prior to obtaining his wings. However, the grievor’s incentive pay category (IPC) anniversary date was based upon the date when he received his pilot wings.

On 30 April 2009, the Chief of the Defence Staff (CDS) rendered a decision on a grievance relating to the same IPC anniversary date issue referred to by the grievor in his grievance. In that decision, the CDS found that the Compensation and Benefits Instructions applicable at the time did not require a member to become occupation qualified or to achieve any specific qualification in order to be credited for qualifying service towards their next IPC advancement. The grievor argued that the same situation applied to him and asked that his IPC level be adjusted accordingly.

In October 2009, the grievor was informed by a grievance analyst working for the initial authority (IA), the Director General Compensation and Benefits, that his file was being looked at as a systemic issue and that the CF was trying to resolve the issue. The Board became aware as well that the IA was examining the validity of the process that was used to retroactively promote the grievor and other pilots in similar cases where provision of the wings standard training was delayed for military reasons.

Although no decision had yet been taken in regard to the promotion issue, the Board felt it needed to be addressed as it could ultimately impact the resolution of this grievance. The Board found that, although there may be a lack of formal approval for these promotions, there is no doubt that the CDS had the authority to approve such promotions and that, in several prior grievance files, the CDS had already clearly stated his approval in his decisions. Therefore, the Board concluded that asking the CDS to approve these promotions yet again would simply be redundant and so they should stand as originally granted.

Regarding the IPC issue, the Board found that the relevant policies outline two criteria for payment of IPC: 12 months qualifying service and the requirement to meet performance standards. However, the IPC policy does not require that a member be “qualified” in his or her occupation to accumulate qualifying service. Consequently, the Board found that the grievor’s IPC anniversary date should revert back to his promotion date to Capt.

The Board recommended to the CDS that the grievance be upheld.

CDS Decision Summary

CDS Decision Date: 2011-04-20

The CDS agreed with the Board's findings and its recommendation to uphold the grievance. The performance standards criterion as per CBI 204.015, which is amplified by CFAO 204-2, is not defined to mean the required achievement of a specific occupation qualification. Therefore, the grievor's 12-month period of qualifying service for incentive pay started on the effective date of his promotion to Capt in October 2001.