# 2019-204 Careers, Counselling and Probation, Remedial measures

Case summary

F&R Date: 2020-06-29

The grievor contested a counselling and probation (C&P) issued for a conduct deficiency involving alcohol. As redress, he requested that the C&P be removed from his personnel file or, in the alternative, that it be replaced with an Initial Counselling.

The Initial Authority found that the C&P was issued fairly and in accordance with applicable policy and denied redress.

The Committee thoroughly examined the circumstances of the incident leading to the C&P and found that they met the definition of a “conduct deficiency involving alcohol” provided in Defence Administrative Order and Directive (DAOD) 5019-7, Alcohol Misconduct. It also found that the grievor's court record, probation orders and admission of intoxication during the incident equaled reliable evidence that established on a balance of probabilities that he had demonstrated a conduct deficiency involving alcohol.

The Committee found that the C&P was administered fairly in accordance with DAOD 5019-4, Remedial Measures. Given that he had recently been issued a recorded warning for another conduct deficiency involving alcohol, the Committee also found that C&P was the most appropriate remedial measure in the circumstances.

The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The FA, the Commander Royal Canadian Navy, agreed with the Committee's findings and recommendation not to afford the grievor redress.