# 2014-124 - Initial Counselling (IC)

Case Summary

F&R Date: 2014–11–27

The grievor was issued a Temporary Medical Category (TCat), which remained in effect throughout the reporting period. One of the grievor's Medical Employment Limitations (MEL) was: “Fit PT, but may be limited in type, duration, intensity and frequency. Should avoid daily impact activities (running, jumping, stop and go sports).” During the reporting period, a medical specialist consented to the grievor attempting the Land Force Command Physical Fitness Standard (LFCPFS) but he was not permitted to complete the workup training. He passed the LFCPFS. Because of a new policy, all members were required to complete the CF EXPRES test regardless of other tests that were completed. The grievor obtained approval from a medical specialist to attempt the CF EXPRES who also indicated that his TCat still applied. The grievor failed this test. In accordance with Defence Administrative Order and Directive (DAOD) 5023-2, the Acting Commanding Officer (CO) issued the grievor an Initial Counseling (IC) for failing the CF EXPRES test.

The Committee had to determine whether the IC issued to the grievor for failing to pass the CF EXPRES test was justified.

The Committee noted that DAOD 5023-2 provides an exemption from completing the CF EXPRES test if a member passed a test assessed as being equal to or higher than the incentive standard; the LFCPFS qualifies for that exemption. The same DAOD also provides an exemption for members who are assigned MEL that prevents the physical fitness evaluation for the duration of the assessment period.

The Committee found that the grievor should have been exempted from completing the CF EXPRES for two reasons: (1) because he had a MEL that restricted him from participating in stop and go sports (the CF EXPRES includes a 20-metre shuttle run which is a stop and go run); and (2) because he had previously met the standard that was assessed as equal to or higher than the incentive program. Further, because of his MEL, the Committee found that his failure of the CF EXPRES test was not within his control.

Based on the above, the Committee found that the grievor should not have been issued an IC and recommended that it be removed from his file.

CDS Decision Summary

CDS Decision Date: 2015–03–23

Case withdrawn at Final Authority level.