# 2014-099 - Cease-Training, Progress Review Board (PRB)
F&R Date: 2014–10–30
The grievor was sent on a prohibited posting from his home unit for mandatory occupation training. As a result of unsatisfactory progress on the course, two Progress Review Boards (PRB) took place. Although the grievor was given another opportunity to excel on the course following the first PRB, his continued failures led to a second PRB. The Commandant (Cmdt) ceased the grievor's training and he was returned to unit. The grievor argued that his underperformance was due to the severe family and financial stress he endured while on course. He disputed the Cmdt's decision to cease training and not allow for a recourse.
The Initial Authority (IA) denied the grievance. He acknowledged that the grievor was under significant stress while on training, but recognized that many students suffer from stress while on course and away from their home units. He noted that the grievor was provided with assistance to overcome this stress, but that the grievor's training, evaluations, school support and PRBs were all conducted in accordance with relevant policies.
The Committee found that the Cmdt followed the policies regarding the conduct of the PRBs and that he had the authority to cease the grievor's training and not allow recourse. Despite the grievor providing mitigating factors such as the significant stress he was under, the Committee found that the Cmdt's decision was reasonable and justified in the circumstances. The Committee recommended to the Chief of the Defence Staff (CDS) that the grievance be denied.
The Committee noted that the grievor was ultimately required to pay for quarters while on a prohibited posting for mandatory training, despite paying for a mortgage near his home base. While this issue was not part of the grievance, the grievor did attribute much of his underperformance on severe financial stress and the requirement to pay for two accommodations.
The Committee reviewed the Department of National Defence (DND) Living Accommodation Instruction (also referred to in Defence Administrative Order and Directive 5024-0 – DND Living Accommodation). The instruction provides for quarters without charge to members living out who are required to temporarily occupy DND quarters for service reasons. This was precisely the grievor's situation. The Committee found that it was patently unfair to expect the grievor to pay for accommodations in two locations, while on a prohibited posting, for which he had no choice but to leave his home unit for mandatory training. The Committee recommended to the CDS that the grievor be reimbursed the funds he paid for quarters while on the training.
CDS Decision Summary
CDS Decision Date: 2015–01–30
The FA agreed with the Committee's findings and recommendation that the grievor be reimbursed the funds paid for quarters while on mandatory training.
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