# 2019-044 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2019-12-16

The grievor challenged an initial counselling (IC) issued by his chain of command on the grounds that the allegations supporting the alleged deficiency were unclear. As a remedy, the grievor asked that the IC be cancelled and removed from his personnel file.

The grievor's acting commanding officer, serving as Initial Authority (IA), concluded that the alleged deficiency had been clearly established through various testimonies, and that the IC was justified and compliant with applicable policies.

The Committee noted that the acting commanding officer, who served as IA, was the same person who served as Initiating Authority for the IC. This constitutes a violation of article 7.14 of the Queen's Regulations and Orders for the Canadian Forces for Canadian Armed Forces (CAF) personnel. Accordingly, the IA's decision was set aside.

Based on the file material, the Committee concluded that the evidence was sufficient to demonstrate that the grievor breached the Department of National Defence/CAF Code of Values and Ethics. In accordance with the provisions of Defence Administrative Order and Directive 5019-4 – Remedial Measures, an IC was justified. The Committee therefore recommended that the Final Authority (FA) not grant redress.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, endorsed the findings and recommendations of the Committee to not grant redress.