# 2018-131 Careers, Remedial measures

Case summary

F&R Date: 2019-12-24

The grievor was issued an Initial Counselling (IC) following complaints brought against him in his role as the Commanding Officer of a Cadet unit. The grievor contended that there was a lack of procedural fairness, and especially a lack of disclosure, that prevented his effective representation. He also argued that there was no evidence that he was disrespectful to his staff.

The Initial Authority (IA) found that through numerous conversations and correspondence, the grievor had been given proper disclosure and the opportunity to provide his representation. The IA also found that the grievor's Chain of Command (CoC) acted reasonably before and after the IC was issued.

The Committee noted that some of the information was sensitive in nature and that the grievor's CoC had to balance the need for disclosure with the strict safeguards required to protect a Military Police report. The Committee found that the disclosure provided to the grievor prior to the IC being issued was sufficient and that the grievor had been afforded a high degree of procedural fairness leading up to the IC issue. The Committee also found the grievor's conduct did warrant a remedial measure and that selecting an IC was a reasonable decision. Finally, the Committee concluded that there was no reliable evidence to support the contention that the grievor was disrespectful to staff or parents. The Committee recommended that the IC be revised to remove this reference and that no further redress be granted.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation not to afford redress to the grievor. She agreed with the Committee's finding that the grievor's IC was administered as per the applicable directive. The FA agreed with the Committee's recommendation that some portions of the IC be removed, and she directed that the remedial measure be amended accordingly.