# 2013-089 - Component Transfer (CT), Pay

Case Summary

F&R Date: 2014–02–28

The grievor complained that his administrative request for a retroactive application of the 2001 Chief of Military Personnel (CMP) Interim Policy (hereinafter the “Interim Policy”) regarding pay protection on component transfer to the Regular Force in an officer occupation had not yet been approved, contrary to cases similar to his.

There was no Initial Authority (IA) decision because the IA, the Director General Military Careers, rejected the grievance on the grounds that the decision regarding the grievor's request had not yet been taken.

The Committee observed that although the Interim Policy made no mention of a retroactive application date, previous Chief of the Defence Staff (CDS) grievance decisions and CMP informal resolutions provided evidence to the contrary, as far back as 1991.

In a prior grievance, file No 2012-112, the Committee had recommended 27 March 1996 as the most appropriate retroactive effective date for the Interim Policy. The CDS agreed that the Committee's suggestion had merit and directed the CMP to conduct a timely review of the issue.

Despite making several attempts to obtain a copy of the proposed courses of action currently under consideration by CMP, the Committee's requests were denied. Unable to review the CMP policy options currently under consideration, the Committee found no reason to disagree with its previous finding and recommendation that 27 March 1996 should be the effective date of the Interim Policy.

Given that the grievor completed his component transfer to the Regular Force in 1991, well before the recommended 27 March 1996 date, the Committee found that the grievor was not entitled to the pay protection afforded by the 2001 Interim Policy and recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2014–06–18

The Final Authority agreed with the Committee's findings and recommendations and denied the grievance. The Final Authority added that the CMP review of the Interim Policy regarding pay protection on component transfer to the Regular Force in an officer occupation was ongoing but confirmed that the date of 27 March 1996, as suggested by the Committee for an appropriate effective date for the Policy, was being considered.