# 2014-098 - Remedial Measures

Remedial Measures

Case Summary

F&R Date: 2014–08–14

After failing his occupational training, the grievor was recommended for, and granted, a compulsory occupational transfer (COT). However, when information came to light that the grievor had been implicated in a potentially criminal offence, the COT was cancelled. The grievor was placed on Counselling and Probation (C&P) for a period of six months and was subsequently convicted by a Standing Court Martial (SCM) in relation to the offence. The initiating authority failed to take action to terminate the C&P until 19 months after it should have been terminated. The grievor alleged that this failure resulted in him being unable to obtain a COT to an occupation he desired and that his preferred occupation was no longer opened for transfer by the time the appropriate action was taken.

The IA found that although the C&P was not properly administered, it did not affect the grievor's potential COT. Rather, it was the grievor's conviction by the SCM that made his file non-competitive in the COT process.

The Committee had to determine if the grievor's COT opportunities were affected by the failure of the Canadian Armed Forces to properly administer his C&P in accordance with Defence Administrative Order and Directive 5019-4, Remedial Measures.

The Committee found that the grievor had not been aggrieved and recommended the CDS deny the redress requested. The Committee concluded that it was the grievor's SCM conviction of a serious offence that affected his COT and not the maladministration of his C&P.

CDS Decision Summary

CDS Decision Date: 2014–10–14

Case withdrawn at Final Authority level.

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