# 2013-001 Careers, Cadet Instructor Cadre (CIC), Initial Counselling (IC), Procedural Fairness, Remedial Measures

Case Summary

F&R Date: 2013–05–30

The grievor, claiming that he was unfairly dismissed from his unit in a process lacking procedural fairness, sought the destruction of an investigative report into his conduct, two Records of Discussion between his Commanding Officer (CO) and himself, an Initial Counselling (IC), and all related documentation. He also requested two letters of apology.

The Initial Authority, the Formation Commander, denied the grievance. He found that the investigation into the grievor's conduct was properly conducted, that the grievor was provided with sufficient information during counselling sessions to make ample representation, and that the grievor was not unjustly dismissed from his unit.

The Board found that the IC was of no force or effect because the grievor had already component transferred before the IC could be issued. The Board also found that the IC form should be removed from his personnel files.

The Board agreed with the grievor that the investigation report should be expunged from his records because the investigation process was fundamentally flawed. The Board noted that the investigating officer provided no explanation as to how he arrived at his conclusions, that there were no transcripts of witness statements, and that the investigation failed to address the grievor's complaint for which it was ordered.

The Board found no justification for the removal of the two Records of Discussion from the grievor's files, concluding that the subject matter fell within the purview of the CO.

The Board found that it would be inappropriate to direct a letter of apology because it would conflict with the proposed author's freedom of expression. Further, the Board was not persuaded that any sort of apology was justified in this case.

Finally, the Board agreed with the grievor that the allegations against him were handled poorly by his superiors. However, the Board did note that his shortcomings could have been addressed within the regulations and policy concerning conduct, assuming a proper investigation indicated such a need. The Board found that the decision to post the grievor from his unit was not properly justified absent a proper and fair investigation into the allegations against him. That said, the Board concluded that the matter was moot because the grievor had since component transferred.

The Board recommended that the grievance be partially upheld, and that the IC form and the “Review of [the Grievor's] Complaint” report, along with any reference to these documents, be removed from the his personnel file.

CDS Decision Summary

CDS Decision Date: 2014–09–22

The Final Authority (FA) partially agreed with the Committee's findings, but agreed with the Committee's recommendation to partially uphold the grievance. The FA agreed with the Committee's finding that the findings of the investigation and the resulting recommendations were flawed and appeared to be biased. He determined that the report of the investigation into the grievor's harassment complaint including any related documents, be removed from all files and destroyed.

The FA found that the grievor was treated fairly: it is well stated that the grievor was made aware of his deficiencies and counselled on how to improve his behaviour. At every stage, he had the chance to explain his actions, but on a balance of probabilities, the file shows that the grievor did not correct his deficiencies, which led to the Initial Counseling (IC). However, the FA agreed with the Committee that IC was issued after the grievor's transfer: therefore it was issued without proper authority and must be quashed.

The FA remained concerned that the grievor refused to accept the constructive criticism that was so often given to him, and considering what is expected from a NCO, the FA chose to issue the grievor a Recorded Warning, taking into account the number of warnings he received combined with the lack of a robust mentorship framework.