# 2017-067 - Administrative Review, Counselling and Probation (C&P), Initial Counselling (IC), Recorded Warning

Case Summary

F&R Date: 2017–11–03

Over a period of less than ten months, the grievor was issued seven remedial measures, including a Counselling and Probation (C&P). During this time, the commanding officer (CO) also recommended the grievor's release under item 5(f) – Unsuitable for further service, based on the grievor's disciplinary and administrative records. The grievor contested all seven remedial measures, arguing that these were issued without consideration for his mental health issues. Consequently, he asked that the recommendations to initiate an Administrative Review (AR) and release him be cancelled.

The Committee reviewed each remedial measure found on the grievor's file and concluded that the majority of the measures issued by his chain of command (CoC) were too severe in the circumstances. First, the performance and conduct issues reproached to the grievor where minor in nature and his CoC did not offer him sufficient time and assistance to allow him to show whether he was able to improve his performance and address his shortcomings. Second, his CoC failed to take into account that the grievor's mental health issues could limit his ability to improve and perform his duties, despite the medical officer's opinion to that effect. Consequently, the Committee recommended that the Chief of the Defence Staff (CDS) order the removal of five remedial measures, including the C&P, replacement a Recorded Warning by an Initial Counselling (IC) and reissuance of an IC in order to remove parts of it that were not compliant with Defence Administrative Order and Directive 5019-4.

The Committee noted that the CO had a responsibility to favour the grievor's rehabilitation by creating a flexible work environment and accommodate his needs. Hence, the CO ought to have initiated the process to post the grievor to the Integrated Personnel Support Unit when he realized that his medical employment limitations (MEL) prevented him from performing his duties, instead of issuing a C&P. Having concluded that a number of remedial measures, including the C&P, should be removed, the Committee found that the grievor's performance and conduct throughout his career had not deteriorated to appoint where his continued employment should be reviewed. Taking into account the grievor's mental health issues, the Committee was of the view that recommending his release was premature and unreasonable and that the AR should be cancelled. The Committee recommended that the CDS order the Director Military Career Administration proceed by way of an AR/MEL.

FA Decision Summary

FA Decision Pending