# 2016-087 - Cease-Training, Director Claims and Civil Litigation (DCCL), Ex gratia

Case Summary

F&R Date: 2016–11–03

The grievor submitted a grievance requesting financial compensation for damages resulting from the negative health effects he allegedly suffered due to the Canadian Armed Forces' handling of an incident in which he was involved. The grievor denied consent to the Committee to access his personnel and medical records as he contended that the facts of his case were not in dispute and it was his position that his personnel files and medical records were completely irrelevant to his grievance.

The Initial Authority determined that, although errors were made in the handling of the incident, these were remedied by restoring the grievor to his occupational functional point. The IA stated that he was unable to conclude that the medical conditions the grievor suffers from are as a result of the events that took place.

As the grievor denied the Committee access to his personnel and medical files, the Committee was unable to determine if the grievor's medical condition was related to the handling of the incident. Nonetheless, the Committee found that restoring the grievor to his occupational functional point was not sufficient to address his loss of career progression and recommended that the Chief of the Defence Staff (CDS) take the steps necessary to eliminate the deleterious effects of the one year in which the grievor's career was stalled. The Committee also recommended that the CDS consider exercising his discretion to grant the grievor an ex gratia payment.

FA Decision Summary

FA Decision Pending