# 2013-025 Releases, Release - Conduct/Performance

Case Summary

F&R Date: 2013–07–16

The grievor, an officer in the Regular Force, was issued a notice of intent to recommend release, and subsequently released, following an incident that occurred on the heels of a series of remedial measures for conduct deficiencies, leading to his chain of command losing confidence in him and his leadership ability. The grievor argued that his formal assessments were positive and he was attempting to correct any deficiencies identified. He disputed the latest remedial measures he received, the facts of the incident in question and the issuance of the notice of intent to recommend release.

The Initial Authority in this case, the grievor's Commanding Officer (CO), found that some aspects of the grievance were submitted outside the time limits set out in Queen's Regulations and Orders for the Canadian Forces (QR&O) Chapter 7. He also found that a notice of intent to recommend release was not a grievable matter as it was simply a recommendation. He rejected the grievance. At the time the grievance was referred to the Final Authority, the Administrative Review had decided upon the grievor's release and that issue was included in the grievance.

The issue before the Committee was whether the notice of intent to recommend release and the grievor's release were reasonable and justified in the circumstances.

The Committee first considered whether the notice of intent to recommend release was a grievable matter and found that it was. According to the National Defence Act, an officer or non-commissioned member who has been aggrieved by any decision, act or omission is entitled to submit a grievance. The Committee found that, despite the fact that the notice of intent was a recommendation, it was nonetheless a decision made by the grievor's CO to initiate the release process.

The Committee then examined the notice of intent, and found that it was issued in accordance with QR&O article 15.21. Upon reviewing the grievor's release and supporting documentation, the Committee found that the grievor's CO recommended his release based on a series of incidents showing poor judgement and a failure to behave to the standard expected of an officer in the Canadian Forces. Based on one particular incident, in which the grievor admitted his role, the Committee was of the view that his conduct and behaviour showed contempt for the proper exercise of leadership and the respect owed to the chain of command, which are essential for maintaining proper discipline and reinforcing military ethos. The Committee found that the grievor's shortcomings were such that his release was reasonable and justified in the circumstances.

The Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–11–20

The CDS agreed with the conclusion and recommendation of the Committee to deny the grievance, however he disagreed with the Committee's conclusion that a Notice of Intent to Recommend Release was a grievable matter. The CDS opined that a grievance submitted solely on the basis of the intent was premature. However, as the Director General Canadian Forces Grievance Authority had accepted the grievance, the CDS reviewed the ensuing release decision.