# 2017-076 - Initial Counselling (IC), Remedial Measures

Case Summary

F&R Date: 2018–01–18

The grievor, was posted to an operational setting in a role for which he felt unprepared. Despite raising his concerns about his lack of experience for his new role to his chain of command, he was issued an Initial Counselling (IC) for a performance deficiency. Before completing the IC monitoring period, the grievor was posted away from this operational role. The grievor's new posting caused him to be unable to correct his deficiency. The grievor argues that the IC was not justified and that it should have been cancelled when he was no longer being provided with an opportunity to correct his deficiency.

The Initial Authority, the grievor's Commanding Officer, rejected the grievance on the grounds that it was submitted beyond the three-month time limit set out in the Queen's Regulations and Orders for the Canadian Forces, article 7.06. However, the file was accepted for adjudication at the Final Authority (FA) level in the interests of justice.

The Committee first examined whether the issuance of the grievor's IC was in accordance with the Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measure.

Although the Committee found that the grievor demonstrated a performance deficiency, it also concluded that the grievor's performance deficiency was very specific to his position in the operational setting, that it wasn't reflective of his overall performance in his rank level, and that the Canadian Armed Forces were partly responsible for the grievor's deficiency.

Furthermore, the Committee found that the issuance of the IC was not in line with the normal progression of measures contemplated by DAOD as informal counselling wasn't utilized.

Finally, the Committee concluded that, when the grievor was removed from his position before completing his monitoring period, the issued IC could no longer serve its intended purpose. Therefore, the Committee found that the issuance of an IC was not appropriate and recommended that it be cancelled and removed from the grievor's file.

FA Decision Summary

FA Decision Pending