# 2019-178 Careers, Component transfer

Case summary

F&R Date: 2021-02-25

The grievor opposed the decision not to recommend them for a transfer to the professional group they wanted to join in the Regular Force (Reg F) of the Canadian Armed Forces (CAF). They believed the decision was unjustifiable and unreasonable given that it was neither based on their capacity to perform in their profession nor did it take into account any recommendations made. In the grievor's opinion, the decision was based on a subjective analysis of their file. As redress, the grievor requested a complete review of their transfer file.

The Initial Authority (IA) found that there was no particular reason to justify a refusal to transfer the grievor to Reg F in their desired professional group. However, since they are not the authority to approve such a transfer, the IA informed the grievor that they should submit a new transfer request and then be successfully selected in a competition for the available positions.

Considering that a Prior Learning Assessment Recognition analysis was conducted and considering the reasons not to recommend the grievor for transfer to Reg F in their desired professional group, the Committee found that the decision not to approve the grievor's candidacy was  justified and in line with the applicable policies.

Consequently, the Committee recommended the Final Authority not grant the grievor redress. 

FA decision summary

The Chief of the Defence Staff (CDS) disagreed with the Committee's findings and its recommendation to deny the grievance. The CDS noted that the National Social Worker Practice Lead's decision not to select the grievor as a social worker (SW) was based solely on his belief that the grievor provided SW-type assistance to certain individuals within his unit, at the request of the chain of command. The CDS was satisfied that those requests and the resulting actions of the grievor were no more damaging than if another officer had intervened to ensure the welfare of members. Furthermore, given the grievor's background as a SW outside the CAF and his years of experience in this field, the CDS stated that he had no reason to doubt that his actions were delivered in an expert and professional manner.

The CDS found that the recommendation not to transfer the grievor to the Reg F in the SW Officer occupation was neither justified nor reasonable. The CDS also found that there was no breach of the SW professional Order's Code of Conduct or by-laws. Finally, the CDS found that the grievor had no obligation to inform his order since his actions were limited to counselling, to encouraging members in difficulty to consult a mental health professional or go to the hospital, or simply to listen to the member, which is the mandate of the Sentinel Program. The CDS directed that the Commander of CAF Health Services Division work with the Director Military Careers to transfer the grievor from the Reserve F to the Reg F as soon as possible, subject to the grievor's SW status remaining valid and to meeting the medical standards for this occupation.