# 2012-155 Careers, Initial Counselling (IC), Remedial Measures

Case Summary

F&R Date: 2013–02–11

The grievor was issued an initial counseling and assigned a three-month monitoring period with counseling sessions scheduled for the last week of each month. It was the grievor's contention that the initial counseling was not correctly administered in that the counseling session schedule was not adhered to. As well, the grievor argued that the initial counseling had remained on-going well past the end of the scheduled monitoring period. The grievor sought to have the initial counseling and any related documents expunged from his file.

The Board referred to the Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures, as the policy governing remedial measures, counseling, and monitoring.

The DAOD 5019-4 requires that a Canadian Forces member be “regularly briefed” during the monitoring period and that the monitoring period be a minimum of three months and a maximum of six months. The evidence on the file supported the grievor's account that the chain of command had not followed the counseling session schedule. Specifically, the grievor was not counseled each month as required by the schedule. Athough not ideal, the Board found that this shortcoming was not fatal to the process since the policy does not require a monthly briefing.

As for the monitoring period of the grievor's initial counseling, the DAOD 5019-4 provides that the only remedial measure in relation to which the monitoring period can be extended is a counseling and probation. Based on the evidence on file, the Board found that the grievor's chain of command incorrectly extended the monitoring period past the scheduled three months, thus failing to terminate the initial counseling at the end of the three-month period regardless of whether the grievor had overcome his deficiency or not.

The Board recommended that the grievance be partially upheld and that the Chief of the Defence Staff direct that an appropriate letter be placed on the grievor's file terminating the initial counseling at the end of the three-month monitoring period.

CDS Decision Summary

CDS Decision Date: 2013–10–04

The FA agreed with the Board's findings and recommendation that the grievance be partially upheld.