# 2013-010 Releases, Harassment, Release - Compulsory

Case Summary

F&R Date: 2013–05–31

The grievor was released under item 5(d) – not advantageously employable, for failing his Qualification Level 5 course, for an apparent lack of ability to meet military trade standards, and because of a series of ongoing conduct and administrative deficiencies. He complained that he was not provided with opportunities to succeed in his trade, that his unit failed to prepare him for the course and that, unlike other CF members, he was not provided with a second opportunity to complete the course. He also insisted that some members in his work unit had engaged in racist and discriminatory behaviour against him and submitted that his release was unjustified.

The Initial Authority, the Director General Military Careers (DGMC), took issue with the grievor's assertion that he was not an administrative burden and that he had performed well throughout his military career. The DGMC noted that the grievor had previously failed five career courses and, despite the fact that his unit had made considerable efforts to provide him with opportunities to succeed, he had failed the most recent course for lack of personal effort and a poor attitude. The DGMC found that the administrative review process was correct and that a reasonable conclusion was reached to release the grievor as he had been involved in numerous administrative and disciplinary matters throughout his career. The DGMC also noted that the grievor's harassment complaint (raised in a separate grievance in which the Committee recommended that the grievance be denied) was found to be without justification and that there had been no evidence of discrimination.

The Committee noted, based on the file evidence, that the grievor had struggled throughout his career in the CF. The Committee observed there was a history of serious and continued conduct, administrative, financial and personal issues which had triggered several corrective actions. The Committee concluded that despite the many remedial measures that were initiated by the grievor's chain of command, the grievor failed to acknowledge any personal deficiencies and never managed to overcome his shortcomings. The Committee was satisfied that the CF had attempted to accommodate and assist the grievor to advance his career for almost eleven years and, ultimately, had decided that the grievor was simply unfit for further service. The Committee found that the item 5(d) release decision was reasonable and justified, and recommended that the grievance be denied.

As for the grievor's allegation that some of his problems were the result of racist conduct by his superiors, the Committee agreed with the DGMC that there was simply no evidence to substantiate this.

CDS Decision Summary

CDS Decision Date: 2013–12–09

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.