# 2020-171 Careers, Course failure

Case summary

F&R Date: 2021-11-25

The grievor challenged the Administrative Review (AR) decision directing them to cease training as a Naval Warfare Officer (NWO) and proceed with a compulsory occupational transfer (COT). The grievor maintained that the AR decision was premature and failed to consider their unique circumstances and significant training progress. Additionally, the grievor argued that the AR process had not adhered to the procedural requirements set out in Defence Administrative Order and Directive 5019-2.

The Initial Authority found that the grievor was unable to gain the Commanding Officer's (CO) confidence, despite remedial training and mentorship, and concluded that the AR decision should stand and the grievor's NWO training end.

The Committee found that the grievor was highly motivated and hard working and that the Chain of Command (CoC) had strongly supported the grievor in their efforts to progress. Nonetheless, the grievor was unable to gain the CO's confidence and the initiation of an AR of the grievor's performance deficiencies was appropriate. The Committee found that the CoC was not obliged to issue remedial measures to address the grievor's performance deficiencies prior to initiation of the AR. Further, the Committee found that the Canadian Armed Forces was not obliged to continue to expend resources and time attempting to train the grievor once the CO had determined that the grievor did not have the potential to succeed. Finally, the Committee found that the CO, as the Captain of the ship, was in the best position to make that determination. While the AR process was not procedurally perfect, the Committee found that any lack of disclosure and any lack of opportunity to respond had been rectified by the de novo review of the grievance at the Final Authority level.

The Committee, having found that the decision to end the grievor’s training and proceed with a COT was justified, recommended that no redress be afforded.