# 2019-232 Careers, Occupational transfer

Case summary

F&R Date: 2020-09-21

The grievor contested the denial of his application for compulsory occupational transfer - untrained (COT-U) to the Legal occupation. As redress, he requested that his application be accepted.

The Initial Authority (IA) found that the Direct Entry Officer/Component Transfer/Occupational Transfer (DEO/CT/OT) selection board did not offer the grievor an interview because his file was not competitive with the other applicants that year. The IA denied redress.

The Committee explained the various mechanisms for entry into the Legal occupation. It noted that while the policy framework does not include COT-U, the grievor's qualifications nevertheless resulted in his application being forwarded to the Office of the Judge Advocate General (JAG). The Committee accepted that entry into the Legal occupation through the DEO/CT/OT plan is extremely competitive and concurred with the JAG that the grievor's overall qualifications were simply not competitive with the other highly qualified applicants.

The Committee concluded that the JAG had assessed the grievor's application for COT-U to the Legal occupation fairly and in accordance with applicable policies. Accordingly, it recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority, as FA, agreed with the Committee's recommendation to deny the grievance. The FA explained that the grievor had to meet the legal occupation selection criteria despite being a qualified lawyer. The FA stated that the Voluntary Occupational Transfer and Compulsory Occupational Transfer to specialist occupations are competitive. After a review of the grievor's application file, the FA found that the decision to deny his application was fair, reasonable and in accordance with policy.