# 2019-303 Careers, Personnel Evaluation Report, Procedural Fairness

Case summary

F&R Date: 2021-06-23

The grievor was issued a Theatre Personnel Evaluation Report (PER), and then an informal investigation into allegation regarding the grievor's behaviour ensued. After the conclusion of the investigation, the grievor was then issued a replacement Theatre PER with reduced scores. The grievor contended he was never advised he was under investigation, and not provided an opportunity to respond to the allegations before changes were made to the PER. He requested that the first Theatre PER stand, and the second one be withdrawn. The Commander, Canadian Joint Operations Command, acting as the Initial Authority (IA) stated that the revised Theatre PER was a fair and accurate assessment based on the evidence provided by the grievor and the chain of command. The IA concluded that the grievor was not aggrieved.

The Committee noted that the Canadian Forces Personnel Appraisal System requires a PER evaluation be based on the member's observed performance during a reporting period. The Committee stated that, despite the grievor's alleged misconduct occurring during the reporting period, the investigation was concluded after it had ended. The Committee determined that the conclusions of the investigation should have been addressed in the next reporting period. The Committee also concluded there were breaches of procedural fairness with respect to the investigation into the grievor's behaviour. The Committee found that the relevant policy was not followed in issuing the replacement PER, and that it was not appropriate nor reasonable in the circumstances. The Committee recommended that the replacement Theatre PER be removed from the grievor's records.

FA decision summary

The Director Canadian Forces Grievance Authority, the Final Authority (FA) agreed with the Committee's recommendation to uphold the grievance and remove a replacement Theatre Personnel Evaluation Report (PER) from the grievor's records. In that case, the Committee found that the informal investigation report was unreliable and that the breaches of procedural fairness could not be cured by a new determination (de novo) of the grievance. The FA agreed with this finding and also that the replacement PER was not compliant with the Canadian Forces Personnel Appraisal System. The FA found that the replacement theatre PER was therefore null and void.