# 2019-040 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2019-12-16

The grievor challenged an initial counselling (IC) issued to him when he reported late for duty to a new posting. The Initial Authority found that the grievor's conduct warranted an IC.

The Committee found that the grievor had admittedly reported late for duty. However, upon examining the circumstances it concluded that the grievor's actions resulted from an honest but mistaken belief about the reporting date, for which the grievor immediately accepted full responsibility. In addition, the Committee noted that the grievor's supervisor issued him a Personnel Development Report and extra unit duties as corrective measures.

Noting that Defence Administrative Order and Directive 5019-4, Remedial Measures, provides that the purpose of remedial measures is to assist Canadian Armed Forces members in overcoming an identified deficiency, the Committee found that the grievor's minor conduct deficiency had been adequately addressed by the corrective measures already imposed and did not warrant a formal remedial measure.

The Committee recommended that the Final Authority (FA) quash the IC and remove all references to it in the grievor's personnel records.

FA decision summary

The FA, the Commander Royal Canadian Air Force, agreed with the Committee's findings and recommendation that the IC be quashed and removed, as well as all associated references, from the grievor's personnel records. The FA expressed his concerns that the selection of the Report for Duty (RFD) date was arbitrary and, if anything, made for some administrative convenience, without due regard paid to the possible consequences. Regular policy in the Canadian Armed Forces is that travel on relocation for postings commences on the change of strength (COS) date and the report for duty (RFD) date is then determined accordingly. The FA added that although it is well recognized that there are times when RFD dates do need to precede a COS date, this normally involves a discussion not only between the respective commanding officers, but also with the member affected, which was not the case in this file. Members need to be consulted in the determination of any RFD date, but especially in cases whereby it may have an adverse effect (e.g. loss of weekend and/or holiday leave).