# 2019-098 Careers, Remedial Measures

Remedial Measures 

Case Summary

F&R Date: 2021–05–14

The grievor disagreed with a remedial measure (RM) issued to her as a result of poor performance. She agreed that she had displayed some performance issues, but argued that they were the result of ongoing medical conditions that adversely affected her performance and attentiveness.

The Initial Authority, the grievor's Commanding Officer, denied redress finding that the RM was reasonable and justified based on her history of poor performance.    

The Committee noted that the evidence available to the chain of command (CoC) at the time of issuance indicated a history of substandard performance over the course of approximately one year. The Committee also noted that the grievor acknowledged that she had not kept her CoC apprised of her medical diagnoses or their impact on her performance. As such, the Committee found that the original issuance of the RM was reasonable and well supported by the CoC based on the evidence of her performance deficiency.  

However, after having the opportunity to review the grievor's detailed medical and personnel file evidence, the Committee determined, on a balance of probabilities, that the grievor's performance was influenced significantly by her concurrent medical issues, thus calling into doubt whether the RM was based on reliable evidence. Therefore, the Committee concluded that the RM was no longer justified.

The Committee recommended that the Final Authority afford the grievor redress by directing that the RM be rescinded, that all copies be removed and disposed of, and that all reference to the RM be removed from her file.

FA Decision Summary

The Director Canadian Forces Grievance Authority agreed with the Committee's findings and recommendation to afford redress.


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