# 2014-029 Pay and Benefits, Allowances and Benefits, Canadian Forces Severance Pay (CFSP), Promotion

Case Summary

F&R Date: 2014–06–25

The grievor asked to be paid his Canadian Forces Severance Pay (CFSP) at his rank of Master Warrant Officer (MWO).

The grievor was of the view that the delay of four years between the distance learning module and the residential learning module of his advanced leadership qualification program was beyond his control and that the Canadian Armed Forces (CAF) were actually responsible for this delay.

He also explained that under the Compensation and Benefits Instruction (CBI) 204.40, which sets forth the rules for calculating the CFSP, the amount of severance pay must be calculated according to the substantive rank. He pointed out that the delay in his promotion to the substantive rank of MWO had caused him to lose roughly $4,000. The CAF determined that the policy was clear and that the CBI provisions could not be changed since they were Treasury Board policy.

The Committee had to determine whether the decision to refuse to calculate the grievor's CFSP at the rank of MWO was fair and reasonable.

After having verified with the CAF, the Committee concluded that the grievor was in no way responsible for the four-year delay between the two modules of his training program. The Committee also noted that the residential learning module was no longer offered and that it had been replaced by a new training program in 2014. The Committee concluded that the four-year delay in enabling the grievor to complete his training was unreasonable and directly responsible for the financial impact on the grievor.

Noting that under article 11.02 of the Queen's Regulations and Orders for the Canadian Forces the Chief of the Defence Staff (CDS) is able to waive certain conditions in order to grant a promotion, the Committee recommended that the CDS use his discretion and promote the grievor to the rank of substantive MWO effective the same date as his promotion to the rank of acting MWO. The Committee also recommended that the CDS order a revision of the calculation of the grievor's CFSP to ensure that he receives the appropriate amount.

CDS Decision Summary

CDS Decision Date: 2016–01–19

The FA did not support the Committee's conclusions and recommendations. It deemed that the grievor had been treated in accordance with applicable policies. The FA did not agree that the CAF were negligent in not giving the grievor the chance to take his course in a timely manner. Although CF Mil Pers Instr FC 04/08 provides that the course in question should normally be completed within 18 months, the grievor had to wait for the course, which is part of a program with admission contraints, to become available. The FA added that the grievor had in the meantime been promoted on an acting basis to the rank of MWO, even though the CAF were not obligated to do this before the grievor had completed his training. Accordingly, the FA was not in agreement with the Committee's recommendation that the CDS use his discretion to waive the condition requiring the completion of the advanced leadership qualification program in order to promote the grievor to the rank of master warrant officer sooner.