# 2021-038 Careers, Initial counseling, Remedial measure

Case summary

F&R Date: 2021-12-15

The grievor challenged the initial counseling (IC) she was issued for a conduct deficiency described as being inappropriate and disrespectful to her supervisor. As redress, she requested that the IC be quashed and removed from her personnel records. The Initial Authority found that the grievor's conduct warranted remedial measure, but directed that it be rewritten to remove a remedial action unrelated to the identified deficiency.

The Committee thoroughly reviewed the circumstances surrounding the incident that precipitated the IC. Pursuant to Defence Administrative Order and Directive (DAOD) 5019-4 - Remedial Measures, the Committee found that the evidence was not sufficiently reliable to demonstrate, on a balance of probabilities, that the grievor exhibited the conduct described in the IC.  

The Committee further found that a six-month delay in issuing the IC, during which there was no repeat of the grievor's purported conduct, did not serve the purpose of remedial measures set out in DAOD 5019-4.  Moreover, it found that the IC monitoring period served no useful purpose and should have been deemed completed by the time the IC was issued. In addition, the Committee expressed concern that the grievor's chain of command issued the IC within days of learning that the grievor had submitted a sexual misconduct complaint against the supervisor referenced in the IC, the same supervisor tasked with writing up the IC. The Committee found these troubling circumstances, combined with the lack of reliable evidence to support the IC, further undermined its validity.

The Committee concluded that the IC was not justified or administered in accordance with DAOD 5019-4. Accordingly, it recommended that the Final Authority (FA) direct the IC be removed from the grievor's personnel records. 

FA decision summary

According to the FA, the Director Canadian Forces Grievance Authority, the six months between the incident and the IC did not demonstrate it was a punitive measure. On the other hand, the FA agreed with the Committee’s conclusion that the time lapse did not meet the intent of the applicable directive. The FA agrees with the Committee's recommendation that the IC be quashed and removed from the grievor's personnel records.