# 2019-071 Careers, Class A Reserve Service

Case summary

F&R Date: 2020-05-22

The grievor, an officer of the Cadet Instructor Cadre (CIC), submitted two grievances related to an initial counselling (IC) for inappropriate and disrespectful communications and her subsequent transfer from her unit. The grievor argued that the IC was unjustified and its monitoring period was not in accordance with policy. As redress, she requested its removal from her records. The grievor also argued that the Regional Cadet Support Unit (RCSU) improperly administered her transfer, leading to her assignment to the Cadet Instructor Supplementary Staff List. The grievor requested compensation for missed pay during her transfer as well as reassignment to her former unit with no loss of seniority or position. The grievor also alleged that the IC was retaliation for her submitting harassment complaints and requested an investigation into its issuance.

The Initial Authority (IA) found that there was sufficient evidence to justify the IC. The IA also found that the monitoring period was in accordance with policy as it could only commence when the grievor started serving with another cadet unit. Regarding the grievor's transfer, the IA found that the decision was in the best interest of both parties and that the RCSU provided the grievor opportunities to serve with other cadet organizations in her local community, but she instead chose to focus on a return to her former unit. Since there can be no pay for service not rendered, the IA denied the request for compensation. The IA also denied the request to conduct an investigation, finding no evidence of retaliation.

The Committee found that there was ample reliable evidence to justify the issuance of a remedial measure. It also found that an IC was appropriate in the circumstance and that its issuance was policy compliant. However, due to the unique nature of their service, the Committee noted that Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures, did not provide for an adequate supervision and mentoring regime for CIC officers and reservists on Class “A” Reserve Service. The Committee made a systemic recommendation in this regard to the Final Authority (FA).

The Committee also found that, in accordance with DAOD 2020-3, Cadet Organizations Administration and Training Service, the RCSU provided the grievor assistance in finding another cadet unit to serve with and that the grievor was entirely responsible for the delay in her resumption of service. Finally, the Committee found that the grievor is not entitled to compensation in accordance with the provisions of article 204.51 of the Compensation and Benefits Instructions for the Canadian Forces, which provide that pay cannot be granted for service not rendered.

Consequently, the Committee recommended that the FA not grant redress.

FA decision summary

The FA agreed with the Committee's recommendation that no redress be afforded to the grievor as she was treated in accordance with the applicable directive. The FA did not agree with the Committee's systemic recommendation that the DAOD 5019-4 be reviewed with the objective to enable to tailor a monitoring regime for CIC and part-time reservists that affords sufficient supervision and coaching to ensure correction of a deficiency in a more constructive manner. The FA was of the view that that there was no indication that a systemic issue existed in relation to remedial measure monitoring periods, and that she was not provided with tangible data to support that such issue exists. The FA was satisfied that the policy is understood and is implemented appropriately.