# 2020-130 Careers, Remedial measures

Case summary

F&R Date: 2021-07-27

The grievor challenged the initial counselling (IC) and two recorded warnings (RW) he was issued for conduct deficiencies. The Initial Authority (IA) determined that the grievor had been aggrieved and directed that the IC and RWs be removed from the grievor's personnel file. Following the IA decision, the grievor requested an investigation to determine if the remedial measures were issued in retaliation for his filing a harassment complaint against his commanding officer.

Although the IA provided redress, the Committee thoroughly reviewed the remedial measures in accordance with the de novo nature of the grievance process. Applying the applicable provisions of Defence Administrative Order and Directive 5019-4, Remedial Measures to the grievor's circumstances, it found insufficient evidence to establish on a balance of probabilities that the grievor demonstrated the conduct deficiencies described in the IC and RWs.

With respect to the grievor's claim that the IC and RWs were issued in retaliation for his filing a harassment complaint, the Committee noted that the grievor was not hindered in any way from submitting the harassment complaint or the subsequent related grievance through the appropriate Canadian Armed Forces resolution processes. The Committee also found no evidence, beyond the grievor's speculation, that his chain of command retaliated against him for exercising that right. In the Committee’s view, there was no basis for recommending another investigation since the grievor's original harassment complaint, subsequent related grievance and the current grievance had already been thoroughly investigated through the harassment resolution and grievance processes.  

The Committee recommended that the Final Authority not provide the grievor any redress beyond what had already been granted.