# 2019-299 Careers, Initial Counselling, Removal from military duties

Case summary

F&R Date: 2021-05-11

The grievor challenged an initial counselling (IC) he received for conduct deficiencies in three separate events and his removal from command. 

The Initial Authority (IA) found that the IC was reasonable and justified, with the exception of one event. As redress, the IA directed that the IC be replaced with one that reflected the grievor's conduct deficiency related to the first two events cited. 

The Committee found that the evidence on file in the IC only supported the first event cited as a conduct deficiency. The Committee also found that it was of sufficient severity to warrant a remedial measure and that an IC was most appropriate. 

Regarding the grievor’s removal from command, the Committee found that the grievor was not afforded the required procedural fairness. It was not in accordance with the Chief of the Defence Staff Guidelines - Removal from Command and, as such, was not justified. 

The Committee recommended the Final Authority (FA) afford the grievor redress by directing that the IC be re-written to include only the first conduct deficiency event. The Committee also recommended that the FA quash the decision to relieve the grievor of command and forward the grievor's case to the Director Claims and Civil Litigation for consideration of compensation. The Committee further recommended that the FA acknowledge that this decision was not justified.