# 2019-062 Careers, Administrative Action, Initial Counselling, Recorded Warning, Remedial Measures

Administrative Action, Initial Counselling (IC), Recorded Warning, Remedial Measures 

Case Summary

F&R Date: 2021–05–27

In three grievances the Committee consolidated into one, the grievor grieved an Initial Counselling (IC), a Recorded Warning (RW) and his chain of command's (CoC) decision to cancel his post-graduate training (PGT). As redress, he requested that the IC and RW be rescinded and all mention of them be removed from his personnel records, and that his authorization for PGT be restored. The Initial Authority (IA) in the IC and RW grievances found that the remedial measures were warranted and administered in accordance with policy. The IA in the PGT grievance found that the grievor's CoC had sufficient reasons to justify deferring his PGT for one year.

The Committee found that the IC was not administered in accordance with Defence Administrative Order and Directive 5019-4, Remedial Measures, and that a Personnel Development Review issued to the grievor shortly before the IC was the sole appropriate mechanism to address his performance deficiencies at the time. In contrast, it found sufficient reliable evidence to establish on a balance of probabilities that the grievor had demonstrated the performance deficiency identified in the RW and that an RW was the most appropriate remedial measure in the circumstances.

With respect to the grievor's PGT, the Committee found that the significant concerns with the grievor's performance and commitment to a Canadian Armed Forces career that arose since the PGT was initially approved justified his CoC's discretionary decision to withdraw its PGT approval for that year. The Committee found, however that the delay in informing the grievor of the PGT approval withdrawal equaled a breach of procedural fairness that was cured through the grievance process.

The Committee recommended that the Final Authority ensure that the IC issued to the grievor be quashed and all references to it removed from the grievor's personnel records, and that he formally acknowledge that the grievor's CoC unreasonably delayed notifying him of its PGT approval withdrawal. The Committee did not recommend any further redress. 

FA Decision Summary

The Acting Chief of the Defence Staff agreed with the Committee's findings and recommendations that the IC be removed from the grievor's personnel file, and that no redress be afforded for the other issues. 

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