# 2019-039 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2019-12-18

The grievor challenged the issuance of an initial counselling (IC) for a conduct deficiency. Challenging the factual basis of the incidents at the source of the IC, the grievor asked for its removal from his service records.

The Initial Authority denied redress without analyzing the grievor's submissions.

The Committee confirmed that the grievor's commanding officer did not provide him with the complaint that formed the basis of the IC. Contrary to Defence Administrative Order and Directive 5019-4, Remedial Measures, it found that the failure to disclose that information to the grievor constituted a breach of procedural fairness. The Committee found, however, that the breach was corrected by the subsequent information provided in the IC itself and by the Committee's disclosure of the complaint to the grievor through the grievance process. The Committee noted that the grievor was given ample opportunity to ask questions, express concerns, request divisional records and make oral representations following the IC and also noted his opportunity to provide further submissions at the Final Authority (FA) level. The Committee found no evidence of bias by the grievor's chain of command. Consequently, it concluded that the grievor had suffered no prejudice from the minor breach of procedural fairness.

The Committee found that the evidence established, on the balance of probabilities, that the grievor breached an expected standard of conduct. The Committee also found that an IC was the appropriate remedial measure in the circumstances. Accordingly, the Committee recommended that the FA not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as FA, agreed with the Committee's findings and recommendation that the IC was deserved, albeit a correction to be made in the IC. Accordingly, the DCFGA directed that the IC on the file be replaced with the drafting IC enclosed with the decision.