#2018-092 Careers, Counselling and Probation, Recorded Warning, Remedial Measures 

Case Summary

F&R Date: 2018–11–22

The Committee had to determine whether the Recorded Warning (RW) for conduct and the Counselling and Probation (C&P) for performance the grievor received, were justified and administered in accordance with the Defence Administrative Order and Directive 5019-4, Remedial Measures. 

The Initial Authority (IA) determined that both remedial measures were justified and that, with the exception of a few modifications brought to the C&P, they should remain in the grievor’s personnel records. Considering the evidence about the grievor’s conduct and performance, the IA found that these remedial measures were the appropriate progression of measures to address his shortcomings.

The Committee found that the RW for conduct was justified as there was reliable evidence showing that the grievor never formally received the authorization to be absent from work. The Committee found that the C&P was not justified in that the performance deficiencies listed were not supported by the grievor’s performance ratings in his Personnel Evaluation Reports during the extended period in which he was alleged to have demonstrated deficiencies.

The Committee recommended that the RW for conduct remain on file but that the C&P for performance, including all supporting documents collected by the initiating authority, be cancelled and removed from the grievor’s personnel file. 

FA Decision Summary

The Commander Canadian Army, acting as Final Authority (FA) partially agreed with the Committee’s recommendation to partially uphold the grievance. The FA first noted breaches of procedural fairness, notably in that the IA mentioned having discussed the grievance with the grievor’s Commanding Officer. He also found that those comments should have been disclosed to the grievor and found the IA decision to be null and void. The FA reviewed the grievor’s last five Performance Evaluation Reports and found that they were “devoid of negative comments” about his performance. Based on the significant conflicting evidence in the grievor’s file and the lack of information justifying any of the performance-related shortcomings, the FA found that the Counselling & Probation was not warranted. He ordered that it be rescinded.