# 2021-200 Pay and Benefits, Acting While So Employed

Case summary

F&R Date: 2022-06-10

The grievor grieved the denial of an acting while so employed (AWSE) promotion by the Director General Military Careers (DGMC). He argued that the requirement contained in Canadian Forces General (CANFORGEN) Message 040/20 - that AWSE promotions must be approved prior to a member's first day of employment in a higher ranked position is oppressive in his case because his Chain of Command (CoC) assigned him the full spectrum of duties and responsibilities associated with the higher-ranked position for a period of more than 90 days, without providing him with commensurate remuneration. As redress, he sought a retroactive AWSE promotion for that period.

The Initial Authority failed to render a decision within the prescribed time limits and the grievor requested a direct referral to the Final Authority (FA).

The Committee noted that CANFORGEN 040/20 was designed to control the use of AWSE promotions in an effort to protect the integrity of the Canadian Armed Forces merit based promotion system. The Committee further noted that the DGMC denied the AWSE request because she determined that the grievor's unit was staffed to an acceptable level based on its priority and the health of the grievor's occupation. The Committee finally noted the DGMC's direction that no single lower ranked Regular Force member was to be assigned the full spectrum of duties and responsibilities of the higher ranked position. The Committee found that the denial of the grievor's AWSE promotion and the subsequent direction was justified in accordance with the provisions of CANFORGEN 040/20.

The Committee observed that when the DGMC denied the AWSE request, the grievor's CoC had already assigned him the full spectrum of duties and responsibilities associated with the higher-ranked position but 90 days had not yet elapsed. However, the Committee further observed that the grievor's CoC continued his assignment beyond 90 days despite the DGMC's direction that it should not occur. The Committee found that the grievor's situation met the requirements for eligibility to an AWSE promotion under CANFORGEN 040/20 and found that he had been aggrieved by his CoC's failure to adhere to the DGMC's direction.

Accordingly, the Committee recommended that the FA promote the grievor AWSE for the full period that he performed the duties and responsibilities of the higher-ranked position.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agrees with the Committee's findings and recommendation to promote the grievor AWSE.