# 2015-088 - Jurisdiction Concerning Time Limits for Submission, Recorded Warning

Jurisdiction Concerning Time Limits for Submission, Recorded Warning

Case Summary

F&R Date: 2015–07–28

The grievor's contention was that a Recorded Warning (RW) he was issued was not administered in accordance with Defence Administrative Orders and Directive (DAOD) 5019-4- Remedial Measures. He sought to have the RW removed from his Personnel file.

The Committee, on an exceptional basis, decided to review the preliminary issue of whether the Initial Authority (IA) erred in accepting the grievance which was submitted 14 months past the six-month limit as stipulated in Chapter 7 of the Queen's Regulations and Orders for the Canadian Forces (QR&O). The Committee found that the IA had not complied with his obligation to consider the reasons for the late submission and determine if the grievance should be accepted in the interests of justice. The Committee found that the grievor's reasons were not addressed by the IA and found therefore that the Chief of the Defence Staff (CDS) should reconsider the IA's decision to accept the grievance.

The Committee recommended that the IA decision be put aside and that the grievance should be denied on the basis that the grievor had not provided valid reasons for the delay in his submission and he did not show sufficient interest in proceeding with his grievance within the mandatory time-limit.

CDS Decision Summary

CDS Decision Date: 2015–09–04

The FA returned the file to Committee for its review on the merit.

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