# 2017-059 - Counselling and Probation (C&P), Recorded Warning

Case Summary

F&R Date: 2017–08–08

The grievor grieves two Recorded Warnings (RW) and a Counselling and Probation (C&P) issued over two days. The first RW alleged that the grievor displayed a lack of professionalism by failing to adhere to proper marks of respect toward a senior officer, while the second alleged that he disregarded the chain of command by failing to adhere to the direction of a senior medical officer during a medical appointment. The C&P alleged that the grievor created a serious operational security threat by threatening to publicly release confidential information about his unit.

Contrary to Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures, the Committee found that the first RW's description of the grievor's deficiency fell short of providing sufficient detail to enable necessary monitoring and meaningful review, while additional details gathered during the Committee's investigative process did not support the conclusion that the grievor's conduct warranted an RW. The Committee found that the second RW was also unwarranted, finding that the grievor's conduct during his medical appointment did not equal a failure to adhere to the chain of command. With respect to the C&P, the Committee found that the evidence provided did not demonstrate on a balance of probabilities that the grievor threatened to publicly release information concerning his unit.

The Committee recommended that the two RW and the C&P be quashed and removed from the grievor's personnel record.

FA Decision Summary

The FA, the DGCFGA, agreed with the Committee's F&R to uphold the grievances. He directed that the three RM be expunged from the grievor's file as he found no justification for them after carefully considering the grievor's replies and explanations to the allegations.