# 2012-161 Careers, Acting Rank, Promotion

Case Summary

F&R Date: 2013–02–22

The grievor, a Major in the Air Reserves, applied for an employment opportunity at the Lieutenant-Colonel rank, which allowed Majors eligible for immediate promotion to be considered. Although the grievor was the successful candidate, he was denied an acting/lacking promotion based on the fact that he lacked a specific qualification. The grievor argued that the relevant policies allowed for an acting/lacking promotion in case where the member is lacking only one professional development qualification that can be attained within a one-year period, which was his case. He sought a retroactive acting/lacking promotion to Lieutenant-Colonel.

The issue before the Board was whether the grievor was entitled to a retroactive acting/lacking promotion to Lieutenant-Colonel.

There was no initial authority decision in the matter as the Chief of the Defence Staff (CDS) was the next superior officer to the individual who denied the grievor's acting/lacking promotion. In accordance with Queen's Regulations and Orders for the Canadian Forces, the file was therefore sent directly to the final authority and referred to the Board.

The Board examined the relevant policies in this case, those being Canadian Forces Administrative Order 49-12 and Air Command Order 5006-17. These policies state that a member must meet all the normal prerequisites for promotion with the exception of a single professional development qualification, which must be attainable within one year. The Board reviewed the grievor's circumstances and determined that he met the criteria given he had been merit listed, that his medical category was within the norm, that he had entered into the promotion zone and that he was qualified in his occupation; he was only missing one qualification for which he had been loaded on the course and was attainable within one year. The Board found that, as a result, the grievor should have been granted an acting/lacking promotion to the rank of Lieutenant-Colonel from the beginning of his Class B service.

The Board recommended that the CDS uphold the grievance.

CDS Decision Summary

CDS Decision Date: 2013–09–10

The CDS decided that he acted as Initial Authority in this file. The CDS partially agreed with the Board's recommendation that the grievance be upheld. The CDS waived the professional development qualification and granted the grievor an acting while so employed promotion to the rank of Lieutenant-Colonel instead of an acting/lacking promotion as recommended by the Board. The CDS was of the view that it would not be fair and consistent to substantively promoted the grievor ahead of his peers when he was ranked lower on the promotion list.