# 2012-133 Careers, Harassment, Personnel Development Review, Personnel Evaluation Report (PER), Remedial Measures

Case Summary

F&R Date: 2013–02–25

The grievor, the Battalion (Bn) Chief Clerk, was issued a recorded warning for having read his own Personnel Evaluation Report before he received it and taking notes suggesting corrections. Consequently, the chain of command downgraded the report, particularly with respect to the recommendation for promotion.

The grievor submitted a grievance asking that his Personnel Evaluation Report be restored to the version that predated the recorded warning. The grievor also objected to the wording of the Personnel Development Review he had signed a few days before receiving his recorded warning and admonished the Deputy Commander (DComd) for improperly sharing information of a personal nature. Further to this grievance, the grievor submitted a second grievance challenging the recorded warning along with a harassment complaint.

The harassment investigation concluded that the grievor's allegations failed to meet the definition of harassment, noting however that the facts revealed an unhealthy work environment and showed that the chain of command was over-protective of the grievor's supervisor. As for the second grievance, the Initial Authority (IA), the Brigade Group Commander (Bde Comd), upheld it, ordering that the recorded warning be removed from the grievor's personnel file and that all mention of it be erased from the Personnel Development Review. The Bde Comd noted that the grievor had acted responsibly and honestly when he had read his Personnel Evaluation Report, particularly since it was his responsibility to check these reports before sending them to the Brigade Group and since he had been sent his own report.

The Bn Commander (Bn Comd), acting as IA for this grievance, denied it before the Bde Comd rendered his decision on the recorded warning. The Bn Comd felt that the Personnel Development Review met the objectives of the Personnel Appraisal System. He was also of the opinion that the DComd had not divulged information of a personal nature since only the appropriate people had been informed. The Bn Comd was of the opinion that the grievor's Personnel Evaluation Report should have referenced the wrongful act for which the grievor had received a recorded warning. Following the Bde Comd's decision, the reference to the recorded warning was removed from the grievor's Personnel Evaluation Report but the original rating and recommendation for promotion were not restored.

The Board first determined that the Bn Comd should not have served as IA in this grievance, since he had made the decisions leading to the recorded warning and the changes to the grievor's Personnel Evaluation Report. In addition, he should have taken account of the fact that the Bde Comd's decision on the recorded warning might have had a direct bearing on this grievance. The Board concluded that the Bn Comd's decision should have been rescinded.

The Board concluded that the DComd had not divulged any inappropriate personal information since he was required to inform the people concerned by virtue of their functions.

The Board concluded that the Personnel Development Review, as written, did not in itself have any consequences for the grievor and used no wording that could be construed as criticisms.

Finally, the Board concluded that the Bde Comd would most likely have granted all of the grievor's requests if he had also been seized of this grievance and ordered the restoration of the original evaluation that predated the written warning.

The Board recommended that the Chief of the Defence Staff partially uphold the grievance and order the changes to the grievor's Personnel Evaluation Report.

CDS Decision Summary

CDS Decision Date: 2014–06–16

The CDS agrees with the conclusions and recommendations of the Board. He has ordered changes to be made to the grievor's personnel evaluation report, including the removal of any reference to the grievor's receipt of an RW and the reinstatement of the promotion recommendation to "Immediate".