# 2019-248 Careers, Acting While So Employed, Counselling and Probation, Procedural Fairness

Case summary

F&R Date: 2020-12-22

The grievor argued that the counselling and probation (C&P) remedial measure he was issued for a conduct deficiency was not justified. The grievor explained that his conduct during a Performance Development Review did not violate the Canadian Armed Forces (CAF) Code of Values and Ethics.

The Initial Authority was unable to render a decision within the required timeline.

The Committee found that the circumstances created a reasonable perception that the grievor was not given adequate time to prepare representations for the C&P, which were also not properly considered, breaching the grievor's right to procedural fairness.

The Committee further found that the grievor's conduct did not violate the CAF Code of Values and Ethics or constitute a conduct deficiency. In addition, the remedial measure of C&P was not justified or compliant with the applicable policy. The Committee found that the grievor would have been employed as an Acting While So Employed (AWSE) Major but for the unjustified C&P.

The Committee recommended that the Final Authority afford the grievor redress by directing that the conduct C&P be quashed and all references to it be removed from the grievor's personnel documents. The Committee further recommended that the grievor be promoted to AWSE Major for the time period in question.