# 2019-214 Careers, Recorded warning, Remedial measures

Case summary

F&R Date: 2020-06-29

The grievor contested a recorded warning (RW) issued to him for a conduct deficiency related to an incident at a Canadian Forces Base swimming pool. As redress, the grievor requested that the RW be quashed and removed from his personnel record.

The Initial Authority (IA) found that while the grievor's conduct warranted a remedial measure, its description of the grievor's deficiency lacked supporting evidence. Accordingly, the IA directed that the RW be re-written.

The Committee identified several instances of non-compliance with Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures. However, it found that the Committee's de novo review corrected the policy breach.

The Committee found the evidence surrounding the pool incident insufficiently reliable to demonstrate that the grievor had gained entrance to the pool through belligerence, was inappropriately dressed, caused a minor to injure himself or failed to take responsibility for his actions. However, it found reliable evidence, including the grievor's own admission, to establish on the balance of probabilities that he had demonstrated conduct deserving of a remedial measure by wilfully and repeatedly disregarding the pool rules.

In accordance with paragraph 4.5 of DAOD 5019-4, the Committee examined the grievor's entire military record and found no evidence of a previous conduct deficiency substantially related to the current one. Accordingly, it determined that an initial counselling (IC) was the most appropriate remedial measure in the circumstances.

The Committee recommended that the Final Authority (FA) replace the RW with a properly worded IC.

FA decision summary

The Commander Royal Canadian Air Force, acting as FA, agreed with the Committee's findings and recommendation that the RW imposed to the grievor be replaced by an IC, and reworded.