# 2015-047 - Initial Counselling (IC), Remedial Measures
F&R Date: 2015–07–22
The grievor had been previously involved in a personal relationship with her new supervisor but did not raise the matter with her new chain of command (CoC) until she approached her troop Warrant Officer to complain of unfair treatment by her supervisor. The grievor was then issued a Personnel Development Review (PDR) directing her to ensure that she not let past relationships interfere with her current work environment. Subsequently, the CoC determined that the relationship was continuing despite their warning and so the grievor was issued an Initial Counselling (IC) which she then grieved.
The Initial Authority (IA) denied the grievance, finding that the CoC's actions were reasonable, given that the grievor had been previously counselled in her PDR. The IA determined that the grievor's actions created a conflict of interest between her and her supervisor and violated the provisions of the Defence Administrative Orders and Directives (DAOD) 5019-1, Personal Relationships and Fraternization.
The Committee found that the evidence supported the conclusion that the grievor and her supervisor were engaged in an ongoing personal relationship. However, the Committee also found that the CoC and the IA had misapplied the provisions of DAOD 5019-1 in assigning the grievor a remedial measure based upon her ongoing relationship with her supervisor.
The Committee noted that the policy required the CoC to separate the parties in order to ensure there was not an immediate supervisory relationship but, rather than separating them, the CoC counselled the parties to cease their relationship. When the relationship continued, the CoC issued a remedial measure to the grievor for having failed to heed the counselling. The Committee found that the manner by which the CoC shifted the obligation onto the parties to end their personal relationship was not reasonable nor in accordance with the policy which states that the resolution of an adverse personal relationship shall not stigmatize the member nor have career implications. The Committee found that the issue of an IC to the grievor was unreasonable and recommended that it be removed from her records.
CDS Decision Summary
CDS Decision Date: 2015–09–15
The FA agreed with the Committee's findings and recommendation that the IC issued to the grievor be rescinded and that all copies be removed and disposed in accordance with the Library and Archives of Canada Act.
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