# 2019-195 Careers, Initial counselling

Initial counselling (IC)

Case summary

F&R Date: 2021-05-28

The grievor received an initial counselling (IC) remedial measure for a performance deficiency in his role as the Officer in Charge of a training range. The grievor argued that several factors interfered with proper operation of the range and that his mitigating efforts resulted in a safe, organized range that complied with regulations and standard practice at the training establishment.

The Initial Authority (IA) found that the grievor's Officer Commanding (OC) had a reasonable expectation that staff and students wear personal protective equipment during live and dry training and that the grievor failed to meet the OC’s expectations. The IA also found that the grievor had not performed a range brief, as required by applicable standards, nor did he conduct a range reconnaissance prior to the training activity.

The Committee examined the witness statements collected as part of the unit investigation and found that one anonymous witness statement appeared to be the basis of the allegations in the IC. The Committee noted that there were significant differences between the anonymous statement and the attested witness statements and that this cast considerable doubt on the reliability of the anonymous witness statement. The Committee found that the measures taken by the grievor were reasonable, in the circumstances, and that the examples used in the IC to describe the grievor's performance deficiency were not based on reliable evidence, as required by Defence Administrative Order and Directive 5019-4, Remedial Measures. The Committee also determined that the OC failed to formally establish an applicable standard of performance to make his expectations known, and noted that the grievor had not displayed any previous performance deficiencies. The Committee recommended that the IC be cancelled and that any record of it removed. 

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA), agreed with the Committee's findings and recommendation that redress be granted. The FA directed that the IC be expunged from the grievor's personnel file. 

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