# 2013-085 - Administrative Action, Initial Counselling (IC)

Administrative Action, Initial Counselling (IC)

Case Summary

F&R Date: 2013–12–30

The grievor, an officer in the Cadet Instructor Cadre (CIC), had received a verbal warning and a letter as a result of disrespectful behaviour and attitude towards superiors. After another incident, the Squadron's Commanding Officer (CO) advised the grievor that she was no longer welcome at the unit given her unacceptable behaviour. Months later, the grievor's CO, the CO of the Regional Cadet Support Unit, issued an initial counselling. The grievor then started serving with another cadet unit within a different area. The grievor was of the view that the Squadron CO acted inappropriately when she “dismissed” her from the unit with no authority, and that the proper procedure was not followed when issuing the initial counseling, as it was served after the decision to dismiss her. The issues before the Committee were to determine whether the grievor's departure from her unit and the remedial measure she received were reasonable in the circumstances and in accordance with policy.

The Initial Authority stated that the grievor had been warned on many occasions that her behaviour was unacceptable and she was expected to remedy this shortcoming. He found that the proper procedures were followed in administering the remedial measure, and that it was valid and justified. The Initial Authority indicated that Defence Administrative Order and Directive (DAOD) 5019-4 allowed for administrative measures to be taken, including a posting, when the member's wrongdoing was serious enough to warrant it. He pointed out that this was an administrative action, not a disciplinary measure. He also noted that she was transferred to a unit within the area that she requested.

The Committee examined DAOD 5019-4 and noted that the policy does authorize a posting as a possible administrative measure. The Committee also noted that the unit had discussed the grievor's transfer with Headquarters who authorized to proceed. However, the Committee found that the manner in which the grievor was transferred was unacceptable and was, in essence, a dismissal from the unit. Despite the grievor being told not to come back to the unit, no other position had yet been identified at another unit. In addition, the reason for the decision was the grievor's conduct deficiencies; however she was never afforded the opportunity to correct those deficiencies before being transferred to another unit.

The Committee agreed with the grievor that the timing of the initial counselling was not appropriate given that it was issued after she was dismissed. The purpose of a remedial measure is to make a member aware of a deficiency and to provide the time and opportunity to correct the deficiency, which the grievor was not provided. However, the Committee noted the serious nature of the reported conduct deficiencies, and found that the grievor cannot escape a form of corrective measure by the fact that she was no longer in contact with the individuals with whom she displayed the inappropriate behaviour. As a result, the Committee found that an initial counselling was warranted and reasonable in the circumstances.

The Committee recommended to the Chief of the Defence Staff that he deny the grievance and order that the initial counselling be reissued accordingly.

CDS Decision Summary

CDS Decision Date: 2014–05–13

The Final Authority agrees with the Committee's findings and recommendations that the grievance be denied.

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