# 2013-017 Releases

Case Summary

F&R Date: 2013–07–25

The grievor was released from the Canadian Forces (CF) following a series of remedial measures for unsatisfactory performance. During the administrative review of the grievor's file by the Director Military Careers (D Mil C), the staff officers and the chain of command recommended that the D Mil C consider the possibility of a mandatory reassignment. However, the D Mil C decided that the grievor would be released from the Canadian Forces without providing reasons.

The grievor submitted a grievance contesting his release, alleging that the D Mil C decision was based on unwarranted comments and noting that he had corrected his deficiencies.

The Initial Authority, while agreeing that there had been a breach of procedural fairness, denied the grievance, concluding that the grievor had failed to overcome his deficiencies and that the CF had done enough to help him achieve the standards and pursue his career.

The Board determined that the D Mil C had failed to provide the reasons for his decision to release the grievor, a requirement of the Defence Administrative Orders and Directives (DAOD) 5019-2 – Administrative Review, and that he was also unable to explain why he had not considered reassigning the grievor to another military occupation. Given the seriousness of the breaches to the principles of procedural fairness and the repercussions of the loss of employment, the Board concluded that the D Mil C's decision to release the grievor should be rescinded and that, consequently, the grievor should be deemed not to have been released from the CF.

The Board reassessed the evidence on file and found that even though the problems experienced by the grievor justified an administrative review, the D Mil C's decision was premature and unreasonable given that the grievor's alleged deficiencies were limited to specific skills associated with his trade and not to his military service in general, and considering that the possibility of mandatory reassignment had not been studied.

The Board recommended that the Chief of the Defence Staff uphold the grievance and order a review of the grievor's skills and aptitudes in order to determine whether he might be reassigned to another military occupation or if he should be released from the CF.

CDS Decision Summary

CDS Decision Date: 2014–04–22

The CDS disagrees with the Committee's findings and recommendations. With respect to an assessment for ADD, the CDS was of the view that the grievor's chain of command fulfilled its obligations by providing him with sufficient opportunity to schedule an appointment for the purpose of obtaining a diagnosis. The CDS disagrees with the Committee's recommendation to order an assessment of the grievor's career and financial situation as he deemed that his release was appropriate.