# 2014-214 - Initial Counselling (IC), Remedial Measures

Case Summary

F&R Date: 2015–02–26

During a deployment in Afghanistan, the grievor was issued with an Initial Counselling (IC) for not relaying information regarding a subordinate which has affected the mission's redeployment plan. The grievor claimed that the IC was unjustified and biased because it relied on one side of the story as he was not given the opportunity to comment on the allegations against him.

The Initial Authority (IA) found that the IC was justified and warranted.

The Committee had to determine whether the IC was justified and issued in accordance with the applicable policies.

The Committee found that the grievor's chain of command did not properly identify the gap between his behavior and the expected standard of conduct. The Committee also found that the grievor was blamed for withholding information, when in fact the information had been passed on, albeit with a certain delay. Furthermore, the Committee found incoherence between the theatre Performance Evaluation Report presented to the grievor and the IC.

The Committee reviewed how the IC was administered and noted that the deficiency was labeled as a performance deficiency when it should have been labeled as a conduct deficiency. The Committee emphasized the need for proper identification of the deficiency to ensure that the remedial measure will have the intended effect. The Committee also noted that the two-month monitoring period was shorter than the minimum three-month period prescribed in the policy. Finally, the Committee expressed concern about the lack of procedural fairness: In a very short time frame, the IA collected statements from various witnesses but did not disclose the information to the grievor in order to give him the opportunity to comment.

The Committee concluded that the IC was not warranted and was not administered in accordance with the applicable policies.

The Committee found that the grievor was aggrieved and recommended to the Chief of the Defence Staff that the IC be expunged from the grievor's personal file.

CDS Decision Summary

CDS Decision Date: 2015–04–20

The FA agreed with the Committee's findings and recommendation that the IC be cancelled and removed from the grievor's personnel file.