# 2016-127 Pay and Benefits, Component Transfer (CT), Imposed Restriction (IR)

Case Summary

F&R Date: 2016–11–08

The grievor grieved the interpretation of sub-paragraph 7(d) of Canadian Forces General Message (CANFORGEN) 184/12 – Changes to Imposed Restriction Policy.

The grievor was denied Imposed Restriction (IR) status on the basis that he was not considered to have reached his Operational Functional Point (OFP) following Component Transfer (CT) in accordance with sub-paragraph 7(d) of CANFORGEN 184/12. The grievor contended that his first posting following CT was not his first posting, nor was it his first place of employment after reaching OFP, as he had reached OFP several years before and had multiple postings during a previous period of Regular Force service.

In a previous grievance on the same issue, the Chief of the Defence Staff (CDS) found that it was not apparent that sub-paragraph 7(d) of CANFORGEN 184/12 was intended to apply to Canadian Armed Forces members upon skilled CT.

The Committee noted that CANFORGEN 034/15 – Clarification Paragraph 7D CANFORGEN 184/12, which clarified the ambiguity of CANFORGEN 184/12, was not in force at the time of the grievor's first posting following CT. As CANFORGEN 184/12 explicitly provides that the Chief of Military Personnel may make exceptions to the IR restrictions, the Committee found it would be appropriate for the CDS to interpret sub-paragraph 7(d) of CANFORGEN 184/12 as being not applicable to the grievor's situation.

The Committee recommended that the grievor be granted IR status for the contested period.

FA Decision Summary

The FA agreed with the Committee that the grievance should be accepted in the interest of justice although it was submitted 2 ½ years after the grievor's CT, when he discovered an FA decision on another, similar grievance and considered himself aggrieved. The FA also agreed with the Committee that the new IR policy promulgated through CANFORGEN 184/12 on 10 October 2012 remained ambiguously worded until the issuance of CANFORGEN 034/15 on 23 February 2015. While subpara 7(d) of CANFORGEN 184/12 was intended to disqualify re-enrolling members who had previously reached their OFP from IR on their first re-enrolled posting, this was not necessarily apparent from the wording until the clarification was issued. The FA found that the grievor had been sought out by his occupation to rejoin the Reg F as his particular skill set was urgently needed to fill a critical shortage, and held that his acceptance should not have placed him in a situation where he was financially burdened by the ambiguous wording of the CANFORGEN that was since elaborated upon to ensure the clarity of its intent. He directed CMP to grant the grievor IR status and reimburse his PLD and single quarters fees for 22 January 2014 to 31 August 2014.