# 2019-170 Careers, Remedial measures

Case summary

F&R Date: 2020-11-19

The grievor was given a recorded warning (RW) for striking another unit member in the genitals twice at a unit event. He was charged but found not guilty at court martial because the judge could not conclude beyond a doubt that either incident occurred. The grievor argued that the RW was based on unreliable evidence. The Committee found, on a balance of probabilities, that it could not conclude that the first incident occurred or the exact details of the second incident. The Committee recommended that the RW be maintained but amended to reflect only the second incident.

The Committee found that most likely than not, the grievor demonstrated the conduct deficiency, which was inappropriate. Therefore, the RW was warranted and was issued in accordance policy.

The Committee recommended that the Final Authority (FA) not afford the grievor redress and that the wording of the RW be modified.

FA decision summary

The FA agreed with the Committee's findings. He stated that he would normally have directed that a policy-compliant replacement RW be put on the grievor's file as recommended by the Committee, but that in this case, as the grievor had released from the Canadian Armed Forces for medical reasons and could no longer serve, there would be no value in doing so.