# 2020-013 Careers, Recorded warning, Remedial measures

Case summary

F&R Date: 2020-02-25

The grievor challenged a recorded warning (RW) he was issued for the conduct deficiency of failing to use his Chain of Command (CoC). He sought to have the RW rescinded and removed from his file.

The grievor's Commanding Officer (CO) asserted that the order she had previously issued to the grievor directing him to use his CoC was clear and noted that the concept of the CoC was a well established military practice.

After reviewing the evidence, the Committee found that the RW was fully justified and had been issued in accordance with the applicable policies. Consequently, the Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The Commander Royal Canadian Navy, acting as FA, did not agree with the Committee's findings and recommendation. The FA found that if the CO did not want to receive emails on her personal email account, then a unit standing order in that regard would have been a more effective way to communicate her intent. The FA found that the grievor's email was purely informative and entirely appropriate given the circumstances and characterizing it as a violation of the chain of command was simply wrong. The FA directed that this remedial measure imposed to the grievor, as well as all documents referring to them, be removed from his personnel file. He also requested that Assistant Deputy Minister Review Services conduct a unit command climate survey at the earliest possible opportunity.