# 2014-006 - Course Failure, Release

Course Failure, Release

Case Summary

F&R Date: 2014–04–30

The grievor was released from the Canadian Armed Forces (CAF) for twice failing his Basic Engineer Officer Course.

The grievor contested his release, arguing that he had been denied the opportunity to assert his rights before the Progress Review Board. He feels that he could continue to be of service within the CAF in a military occupation (MOC) more in line with his potential. The grievor also alleges that the CAF failed to respect their obligation to give him his individual training and evaluations in his official language of choice.

The Initial Authority (IA) rejected the grievance, explaining that the grievor had repeatedly failed his course and had displayed a lack of leadership and initiative, poor decision-making skills and an inability to work under pressure. The IA concluded that the CAF had made the necessary effort to enable the grievor to pass his course, including retesting in his language of choice.

On the issue of language of instruction, the Committee concluded that the grievor's individual training had not been provided in compliance with the Official Languages Act and the Defence Administrative Orders and Directives 5039-6. The Committee concluded that the grievor had been placed at a disadvantage relative to his peers despite the amount of help that the Canadian Forces School of Military Engineering (CFSME) had given him in a language other than his official language of choice.

The Committee noted that the grievor's leadership problems became especially obvious when the operational tempo was high. The Committee pointed out that the grievor might meet the requirements of other occupations where this pressure and level of urgency were lower or less omnipresent, noting that this issue had not been examined by the Base Personal Selection Officer, the option of a transfer to another MOC not being considered.

The Committee therefore concluded that the Commandant of the CFSME and the Director Military Careers Administration lacked a full report on the grievor's situation that would have enabled them to make a fair and informed decision on the grievor's future in the CAF.

As a result, the Committee recommended that the Chief of the Defence Staff (CDS) partially uphold the grievance and order a detailed review of the grievor's situation to determine if he possesses the necessary qualities and attributes to serve as an officer in another MOC where individual training and education are provided in his official language of choice.

Should this question elicit a positive response, the Committee recommended that the grievor's re-enrolment be facilitated, along with his transfer to this MOC. Otherwise, the grievor's release should be maintained.

CDS Decision Summary

CDS Decision Date: 2015–02–26

As alternatively recommended by the Committee, the CDS conducted a detailed review of the grievor's circumstances and concluded that the item of release should remain.

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