# 2020-015 Careers, Remedial measures

Remedial measures

Case summary

F&R Date: 2021-06-29

The grievor was issued a recorded warning (RW) remedial measure (RM) for a conduct deficiency. The statement of deficiency consisted of a four-page document outlining six main topics and four sub-topics describing the grievor's deficiencies. The grievor contested the topics outlined in the statement of deficiency and argued that the content was explicitly vague and misleading.

The Initial Authority (IA) addressed the topics outlined in the RM, agreeing with the grievor's Commanding Officer (CO) that the grievor displayed a conduct deficiency. The IA noted that the grievor had several previous RM and concluded that the CO sought to improve aspects of the grievor's military conduct. The IA determined that on a balance of probabilities the CO acted reasonably.

The Committee observed that Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures, does not envision a four-page statement of deficiency outlining so many topics. Additionally, the Committee was of the view that the CO's goal of using a RM as a way of “mentoring” his subordinates does not align with the intent of the DAOD. The Committee noted that the RM was issued shortly after a heated discussion between the CO and the grievor, but several months after the occurrences of some of the purported deficiencies. The Committee analyzed the topics and sub-topics outlined in the statement of the deficiency, finding that they were neither supported by reliable evidence nor actual and real deficiencies based on established military standards, ethics or values. The Committee noted that despite the wide scope of the disputed RW, the grievor's previous RM only partially related to the deficiencies identified and occurred several years ago. The Committee found that the RW was not justified or administered in accordance with DAOD 5019-4. The Committee recommended that the RW be quashed and any reference to it be removed. 

FA decision summary

The Acting Commander Canadian Army, acting as Final Authority, agreed with the Committee's findings and recommendation that the RW be quashed and any reference to it be removed. 

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