# 2014-116 - Initial Counselling (IC)

Case Summary

F&R Date: 2015–02–13

The grievor signed his annual Personnel Evaluation Report (PER) indicating his performance and potential were “Mastered” and “Outstanding” in many areas; no deficiencies were noted in any aspect of the grievor's performance or potential. On the same day, he asked to be transferred to another section because of difficulties he had with his Commanding Officer (CO). A transfer was eventually approved. Three weeks later the CO, who had authored the PER, ordered an investigation into the grievor's leadership of his Section. Three weeks after that, the grievor was placed on Initial Counselling (IC) for leadership deficiencies. The grievor strongly disagreed with the IC and stated that he was unaware that an investigation had occurred as no one spoke to him about it.

The Initial Authority denied the grievance indicating that there was evidence on file that the CO had several discussions with the grievor concerning his leadership. The IA also found that the investigation substantiated the IC and noted that the CO had consulted the Assistant Judge Advocate General and the Base Commander prior to issuing the IC.

Given that the IC was a direct result of the recommendations of the investigation, the Committee reviewed the conduct of the investigation. The Committee found that the investigation was fundamentally flawed because there did not appear to be one clear incident that warranted the investigation, the grievor was not informed of the investigation, the interviews were not conducted appropriately, and the explanation of the findings showed a one-sided version of events without permitting the grievor a chance to respond. The Committee then reviewed Defence Administrative Order and Directive 5019-4 which requires that there be “reliable evidence” that the grievor demonstrated a performance deficiency in order to issue an IC.

The Committee then reviewed the additional evidence on file which included the grievor's previous and current PER and the interim Personnel Development Review report. The Committee concluded that there was no evidence that would support the IC. Therefore, the Committee recommended that the IC and all related documents be removed from the grievor's file.

CDS Decision Summary

CDS Decision Date: 2015–05–06

The FA agreed with the Committee's findings and recommendation that the IC be removed from the grievor's file.