# 2014-018 - Initial Counselling (IC), Remedial Measures

Case Summary

F&R Date: 2014–07–02

The grievor was issued a recorded warning (RW) for using inappropriate language and for being disrespectful and belligerent with a superior, when she refused to perform a task. She filed a grievance contesting the RW, stating it was unwarranted and that she had not been aware that an Initial Counselling (IC) had been issued previously. She also argued that there had been no progress briefing sessions following the issuance of the RW and that the chain of command had unfairly changed her compensatory short leave to annual leave without her knowledge. As remedy, she requested that both remedial measures be removed from her personnel file and that she be granted her short leave.

The Initial Authority (IA), the Base Commander, partially granted redress. He found that the initial IC had not been administered properly and directed that all references to it be removed from the grievor's file. As for the RW, while he found that the decision to assign a remedial measure was appropriate, the IA concluded that by cancelling the grievor's previous IC, the validity of the RW was placed in doubt. He therefore replaced the RW with a new IC on the basis that the grievor had used inappropriate language and demonstrated inappropriate behavior. The IA also directed that the grievor be granted at least one day of short leave.

The Committee had to determine whether the new IC was warranted.

The Committee first found that the evidence did not support a conclusion that the grievor had used inappropriate language and recommended that those words be removed from the new IC. However, concerning the grievor's conduct and behavior, the Committee concluded that the grievor had breached several of the principles and values expressed in the Canadian Armed Forces Code of Values and Ethics. Among other things, the Committee found that the grievor did not treat her superior with respect, that she breached the value of “integrity”, and that she failed to foster or contribute to a work environment that promotes teamwork.

Concerning the absence of progress briefings, the Committee concluded, after having considered the Commanding Officer's explanations, that while the sessions should have been held, the fact that they were not did not warrant the cancellation of the new IC in this case.

The Committee recommended that the Chief of the Defence Staff (CDS) deny the grievance. However, the Committee recommended that the CDS direct that the words “and used inappropriate language” be removed from the new IC.

CDS Decision Summary

CDS Decision Date: 2014–08–26

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