Release from Res Contract & Forces

[Bintheredunthat]

I've done a few searches and turned up nothing which is directly related to my question.

I've also searched through the QR&O's and CFAO's to no solid conclusion.

Does anyone have first hand experience with the Release of a Res Member on a Class B Contract?  I found the format I'm looking for under CFAO 49-11 - ANNEX D, APPENDIX 3 -- APPLICATION FOR VOLUNTARY RELEASE/TRANSFER.  But there's nothing cut & dry about how long a person has to do this.  I'm assuming it's a case by case - but that everything that could be done would be for the member.

However, can anyone say for certain if a release will be granted in time if the member is not able to provide say 30 days notice for said release date - let's say a civy job offer with a start date 3 weeks from when the person puts in their release.  There's always that part of the brain that thinks the COC is looking to screw you over because you figure they'll consider you a deserter.

Should also mention - this is both a break of contract and release from the Forces.

Hypothetical situation of course. 

Bin

 

[Michael OLeary]

Talk to your chain of command.  Explain everything.  Emphasize the career/job opportunity.  Follow up immediately with a memo outlining all the details, including your personal reasons for requesting to break your contact and take your release.

 

[geo]

Chief Military Personnel Instruction 20/04
Administrative Policy Of Class “A”, Class “B” And Class “C” Reserve Service

4.11  Cessation of a Period of Cl “B” Res Svc
Cl “B” Res Svc may be ceased under several situations.  The following is a guide:
a. End of Period. Cl “B” Res Svc shall cease at the end of the period for which the svc is authorized;
b. Training Failure. Cl “B” Res Svc shall cease on return to their unit (RTU) if the mbr, while on course or on-the-job-training (OJT), fails to achieve or complete the required training or course standard and is removed as a training failure;
c. Lack of Qualifications or Skill Sets. The employing authority may, without notice, cease a mbr’s Cl “B” Res Svc if the mbr reports for Res Svc without the required qualifications or skills to perform the duties of the posn. This can include false statements of qualification or loss of certification;
d. Relief From Performance of Military Duty.  The employing unit through the Cl “B” Res Svc approving authority, may recommend to the appropriate authorities that the member be relieved from the performance of military duty as set out in QR&O 19.75 (for admin purposes) or QR&O 101.08 (for discipline purposes), as applicable, because, under the circumstances, it is considered necessary that the member be separated from the unit;
e. On 30 Days Notice. A period of Cl “B” Res Svc may be ceased on 30 days' written notice if the service is being performed in Canada.  The time period could be less if mutually agreed upon.  Notice may be given in the following circumstances:
(1) by the employing unit if there is no longer a requirement for the service; or
(2) by the employing unit, through the Cl “B” Res Svc approving authority, if the mbr’s performance is unacceptable.  However, a period of svc shall not be ceased as a result of unacceptable performance unless the mbr has been advised in writing of their shortcoming(s), the standard of performance expected, reasonable time to overcome the shortcoming(s), the date by which the performance was to have improved and has been advised that the Cl “B” Res Svc would be ceased if performance did not improve; or
(3) by the mbr if they are voluntarily ceasing their period of service.
f. The employing unit shall confirm in writing to all interested parties (including the Cl “B” Res Svc approving authority and home unit chain of command and the URS pay section) that the mbr’s period of service shall be ceased early; and
g. Administrative procedures concerning the early cessation are detailed at ref B

(B. A-PM-245-001/FP-001 Chapter 19, Class “A”, “B” and “C” Reserve Service)

 

[dapaterson]

Read CMP Instruction 20/04 (http://www.forces.gc.ca/hr/instructions/engraph/coverpage_e.asp?docid=198); it's what details that you must give 30 days notice to terminate a period of full-time reserve service.

Para 4.11 (e) applies here:

e. On 30 Days Notice. A period of Cl “B” Res Svc may be ceased on 30 days' written notice if the service is being performed in Canada.  The time period could be less if mutually agreed upon.  Notice may be given in the following circumstances:
(1) by the employing unit if there is no longer a requirement for the service; or
(2) by the employing unit, through the Cl “B” Res Svc approving authority, if the mbr’s performance is unacceptable.  However, a period of svc shall not be ceased as a result of unacceptable performance unless the mbr has been advised in writing of their shortcoming(s), the standard of performance expected, reasonable time to overcome the shortcoming(s), the date by which the performance was to have improved and has been advised that the Cl “B” Res Svc would be ceased if performance did not improve; or
(3) by the mbr if they are voluntarily ceasing their period of service

But this raises other questions:  Are you releasing from the CF, or just returning to class A (part-time) service?  Do you have unused annual leave that might fill out some of that 30 days (if your employer refuses to terminate your period of service in less time than that)?

Just a few thoughts to ponder...

 

[Bintheredunthat]

Is there an echo in here?  JK

Thanks - all great info.  Like many things - seems somewhat open to interpretation.

As I said, "this is both a break of contract and release from the Forces".  I'll do my best to look into the best way to move along.  I was thinking of the annual days of leave as well, not much help of course being the beginning of the fiscal year a few months ago.  But thanks for re-affirming the idea.

Hmmmm......raises this question though.  If I had say 5 or 6 days and was planning on using them at the end - would weekend still be counted on their own?  They must be.  In other words, 5 could get me 9 if the timing was right......correct?

Thanks again,

Bin

 

[geo]

Talk to your CoC

e.  On 30 Days Notice. A period of Cl “B” Res Svc may be ceased on 30 days' written notice if the service is being performed in Canada.  The time period could be less if mutually agreed upon.

If they are willing to let you go, then you could be on your way tomorrow

 

[Bintheredunthat]

Come on guys - I said I read the QR&Os and CFAOs on the subject.  There's no need to quote something I've already read.

This real question was has anyone had real experience with this type of situation- more than a request for sending me in the right direction.

Bin

 

[geo]

Hmph...

Bin... listen up... talk to your CoC!

The time limit of 30 days could be less... if mutually agreeable.
What more do you want from us.
Make your case for an early departure & see what they have to say.

 

[exgunnertdo]

This real question was has anyone had real experience with this type of situation- more than a request for sending me in the right direction.

15 years in the Reserves - I have seen requests like this go both ways.  I have seen supervisors say no and hold people to their 30 days, and I have seen supervisors be really great about letting people out of their contracts on a days notice. 

I will depend on your supervisor and his/her supervisor and so on.  It will also depend on how critical your job is.  Can they live without someone in your position for a few weeks?  If you are involved in Reserve training, keep in mind the summer training season is about to gear up and there may be a shortage of people looking for work.  Is there someone available to do the job right now?

Come in with a solution, not just a problem.  ie "Sir, I have this great civilian job opportunity that has come up, and I would like to be released from my Class B as of (insert date).  I know that might place the unit in a bit of a bind, but I know Bloggins is available, and can start right away..." or something like that.

 

[Slackers]

Just before Christmas I was on a Class C contract until 2012, I had signed the SOU and was given an extension of one year.My CM posted me without my knowledge into a Class B position effective the first of Jan, msg cut the 21st of Dec. When asked was told I was already made aware of it, which I wasn't. The official reason was career development in a headquarters position which I do need and I have been in an operational unit for far too long. The vacated position is now open and still requires a qualified person. The question is did the CM have a right to do this and do I have any recourse other than quitting(obviously I won't) Do I have anything to redress? Any comments would be welcome.

 

[Brasidas]

How were you supposedly "already made aware of it"? Verbally?

 

[Slackers]

So they say. I never received a email about it that's for sure. For what he told me they were going to cut the msg earlier however they "forgot" and that's the reason why I had little notice on the new contract. Hell of a way to find out, eh? Something certainly doesn't add up.

 

[Monsoon]

Just before Christmas I was on a Class C contract until 2012, I had signed the SOU and was given an extension of one year.My CM posted me without my knowledge into a Class B position effective the first of Jan, msg cut the 21st of Dec. When asked was told I was already made aware of it, which I wasn't. The official reason was career development in a headquarters position which I do need and I have been in an operational unit for far too long. The vacated position is now open and still requires a qualified person. The question is did the CM have a right to do this

The short answer is "yes". Obviously you should have been notified ASAP, but the fact that you weren't doesn't change the CF's ability to end your contract and cut a new one at its discretion.

and do I have any recourse other than quitting(obviously I won't) Do I have anything to redress? Any comments would be welcome.

You can seek redress of grievance for (almost) any decision, but the question is whether grieving would get you anything. You could probably make a good case that since you weren't notified, your class "C" should continue in force until the date you actually did find out (especially since I gather you were actually employed at your operational unit until then anyway). Maybe you'll be able to plead to your CM that you don't want the professional development of an HQ posting and that you really need the class "C" cash, but short of changing the CM's mind, quitting or component transferring to the Reg F, there isn't much else you can do to stop this.

 

[PuckChaser]

I thought the Army could give you 30 days notice and cancel any Cl C or Cl B contract that they wanted. The member only had to give 2 weeks notice. Unfortunately, I can't find a ref to help me out. Any friendly RMS clerks out there that can lend a hand to the OP?

 

[George Wallace]

The short answer is "yes". Obviously you should have been notified ASAP, but the fact that you weren't doesn't change the CF's ability to end your contract and cut a new one at its discretion.

True, but the new 'contract' still requires the mbrs signature accepting it.


PuckChaser

I believe 30 days notice is the policy, or that is what seemed was in effect Dec 2009 when all the Class B cuts started.

 

[Haggis]

A quote from CF Military Personnel Instruction 20-04, Amendment 6 dated 22 Jul 09:


5.20 Cessation of a Period of Cl “C” Reserve Service

"Cl "C" Reserve Service may be ceased under various circumstances. The circumstances include, but are not limited to, the following:

End of Period of Cl “C” Reserve Service - Cl "C" Reserve Service shall cease at the end of the period for which the service was authorized.

Training Failure - Cl "C" Reserve Service shall cease on return to the home unit if the Res F member, while on course or on-the-job-training, fails to achieve or complete the required training or course standard, and is removed as a training failure.

Lack of Qualifications or Skill Sets - The employing authority may, without notice, cease a Res F member's Cl "C" Reserve Service if the Res F member reports for service without the required qualifications or skills to perform the duties of the position.
Note - This circumstance could include a false statement of qualification or loss of certification

Relief from performance of military duty - The employing unit through the Cl "C" Reserve Service approving authority may, after having sought legal advice, recommend to the appropriate authorities that the Res F member be relieved from the performance of military duty as applicable because under the circumstances, it is considered necessary that the Reserve Force member be separated from the unit, as set out in:
QR&O article 19.75, Relief From Performance of Military Duty (for admin purposes); or
QR&O article 101.08, Relief from Performance of Military Duty - Pre and Post Trial (for discipline purposes).
On 30 days written notice - A period of Cl "C" Reserve Service may be ceased on 30 days written notice if service is being performed in Canada. The time period could be less if mutually agreed between the employing unit and the Res F member. Notice may be given in the following circumstances by the:
employing unit if there is no longer a requirement for service; or
employing unit, through the Cl "C" Reserve Service approving authority, if the Res F member performance is not acceptable; or
Res F member if voluntarily ceasing the period of Cl "C" Reserve Service.

Note - A period of Cl "C" Reserve Service shall not be ceased as a result of unacceptable performance unless the Res F member has been advised in writing of the shortcoming, the standard of performance expected, a reasonable time to overcome the shortcoming, the date by which the performance was to have improved, and has been advised that the Cl "C" Reserve Service would be ceased if performance did not improve.
For all early cessation - The employing unit shall confirm in writing to the R F member, the Cl "C" Reserve Service approval authority, the Res F member's home unit (for pay and administration purposes) that the Res F members period of Cl "C" Reserve Service will cease early. Administrative details are detailed at ref A.
Service Outside Canada -A Res F member on Cl "C" Reserve Service serving outside Canada on active service is subject to a case by case review. See additional details at para 2.18."

 

[Monsoon]

True, but the new 'contract' still requires the mbrs signature accepting it.

Not at all, George - don't confuse the "contract" (which is the agreement to employ and be employed according to the applicable regulations) with the Statement of Understanding the member signs (which just outlines the most important applicable regulations). The contract itself is actually verbal (and yes, that's completely within the law). That being said, the member would still need to verbally accept the new contract or they would be unemployed after the 30 day notice period. But I gather the OP was wondering about whether it was legit for their class "C" contract to be terminated, and the answer is "yes" with 30 days notice.

 

[Brasidas]

That being said, the member would still need to verbally accept the new contract or they would be unemployed after the 30 day notice period.

Interesting.

So could a member be told, on two weeks notice, "Pack it up, you're now needed in Halifax in two weeks", while they're on class B in Esquimault, and then have the options of either agreeing on that timeline or refusing and staying for 30 days paid in Esquimault and termination?

 

[Monsoon]

So could a member be told, on two weeks notice, "Pack it up, you're now needed in Halifax in two weeks", while they're on class B in Esquimault, and then have the options of either agreeing on that timeline or refusing and staying for 30 days paid in Esquimault and termination?

Don't know if 30 days is the right number for class "B", but in general - yep, absolutely. Or they could just be told, "Pack it up, you're out of a job," which seems to happening some in the militia world these days. The Reg F is the place for job security.

 

[JMesh]

Don't know if 30 days is the right number for class "B", but in general - yep, absolutely. Or they could just be told, "Pack it up, you're out of a job," which seems to happening some in the militia world these days. The Reg F is the place for job security.

Actually, CMP Instruction 20-04 states only specific conditions to terminate Class B employment. They are:

• End of Period of Class B Service
• Training Failure
• Lack of Qualifications of Skill Sets
• Relief from Performance of Military Duty (very specific circumstances)
• On 30 days written notice

Service outside Canada to be evaluated on a case by case basis. For reference: http://www.cmp-cpm.forces.gc.ca/pd/pi-ip/20-04-eng.asp#ins-04-14