# 2018-102 Careers, Occupational transfer, Pay

Case summary

F&R Date: 2019-11-19

The grievor, a Regular Force Pilot, was accepted into the Military Medical Training Plan (MMTP). He began his medical studies while still a Pilot and was paid as a Pilot. One year later, the error was recognized and the grievor's occupation was changed to Medical effective the grievor's change of strength date, in accordance with Canadian Forces General message (CANFORGEN) 176/12. The grievor's pay rate was adjusted from Pilot to General Service Officer (GSO), resulting in an over payment and recovery.

The grievor argued that he signed a valid Statement of Understanding (SOU) as part of Canadian Forces Administrative Orders (CFAO) 9-62 that stated candidates on MMTP would be kept in their original occupation until licensed to practice medicine. The grievor stated he would lose approximately $88,000 over the six years of his training, including the $15,000 in overpayments he was required to pay back.

The Initial Authority, the Director General Military Careers denied the grievance, finding that the oversight in letting the grievor commence the MMTP while still a Pilot was contrary to policy and had to be corrected.

The Committee noted that when CANFORGEN 176/12 announced the changes to CFAO 9-62, the SOU template was not amended as it should have been, and that was why the SOU signed by the grievor was outdated. However, the Committee found that CANFORGEN 146/15, which announced the MMTP selection competition for which the grievor applied and was selected, clearly stated that occupational transfer would occur prior to commencing studies on the MMTP, and it referred to CANFORGEN 176/12. The Committee also found evidence that the grievor had known before his acceptance that former Pilots would be paid at the GSO rate while undergoing the MMTP. The Committee concluded that amending the grievor's occupation from Pilot to GSO to undertake his MMTP training was reasonable and in accordance with policy.