# 2022-259 Careers, Terms of Service

Case summary

F&R Date: 2024-09-06

The grievor, a Royal Canadian Air Force (RCAF) Helicopter Pilot, was denied an application for employment with the Canadian Special Operations Forces Command (CANSOFCOM) on the basis that he had not attained the Occupationally Functional Point (OFP). He disputed the interpretation of the training required to attain their OFP. The grievor had previously been allowed to apply and contended that a Utility Category, which he had successfully completed, is the point at which Pilots meet their OFP and are operationally employable as outlined in the Canadian Forces Officer Specification – Pilot Classification (CFOS-P), whereas any other interpretation is not supported by written policy. As redress, the grievor requested that he be considered to have met OFP, given his training history, so that he may apply to CANSOFCOM.

The Initial Authority (IA) was unable to render a decision within the four-month time limit set out at Article 7.15 of the Queen's Regulations and Orders for the Canadian Forces. However, a synopsis was prepared by an IA analyst. The analyst recommended that the IA deny redress, citing several references which indicate that the attainment of Wings Standard in addition to the initial Operational Training Unit courses.

Following its own review of the applicable policies and previous files on the subject, the Committee found that OFP is attained once all the training required for the Canadian Armed Forces member to be posted from the Basic Training List to an Effective Strength Establishment (i.e., posted to a unit for employment not training) has been successfully completed. While Pilots attain their basic occupational qualification upon completing the Wings Standard training, per the CFOS-P, the Pilot must complete at least one of the qualifications beyond the basic qualification to render them qualified to fly one of the RCAF's operational airframes. As such, the Committee found that the First Officer qualification on the assigned helicopter was required for the grievor to attain OFP. Notwithstanding a previous oversight that had allowed the grievor to previously apply for employment with CANSOFCOM, the Committee found that he had not been aggrieved by the subsequent the decision to not to consider his application has he had not attained the OFP.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as a delegated Final Authority reporting directly to the Chief of the Defence Staff, stated in a brief letter that he agreed with the Committee's conclusions and recommendation and would not provide redress.