# 2015-091 Careers, Initial Counselling, Recorded Warning, Remedial Measures

Case summary

F&R Date: 2015-07-30

The grievor had a previous personal relationship with his subordinate but did not tell his chain of command (CoC) until the subordinate complained of unfair treatment by the grievor. The grievor was then directed not to let past relationships interfere with his current work environment. Subsequently, the CoC determined that the relationship was continuing despite their warning and so the grievor was issued a Recorded Warning (RW) which he grieved.

The Initial Authority (IA) denied the grievance, finding that the grievor had exhibited a conduct deficiency. However, the IA also noted that the RW wording was vague and lacking in context and directed that the RW be revised to an Initial Counselling (IC).

The Committee found that the evidence supported the conclusion that the grievor and his subordinate were engaged in an ongoing personal relationship. However, the Committee also found that the CoC and the IA had misapplied the provisions of Defence Administrative Orders and Directives 5019-1, Personal Relationships and Fraternization, in assigning the grievor a remedial measure based upon his ongoing relationship with his subordinate.

The Committee noted that the policy required the CoC to separate the parties in order to ensure there was not an immediate supervisory relationship. In this case, the CoC was well aware of the relationship but rather than separating the parties, they were counselled and directed to cease their relationship. When the relationship continued, the CoC issued a remedial measure to the grievor for having failed to heed the counselling and direction. 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 issuing a remedial measure to the grievor was unreasonable and recommended that it be removed from his records as well as from his annual evaluation.

FA decision summary

The FA agreed with the Committee's findings and recommendation that the grievor's RW be removed from his personal records and from his evaluation.