# 2020-024 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2020-12-21

The grievor challenged an initial counselling (IC) issued to him for a performance deficiency identified as a failure of leadership.

The Initial Authority (IA) found that the IC was not issued in accordance with policy and directed that the deficient IC be replaced with another one signed by the appropriate initiating authority to be retroactively concluded as of the original monitoring period end date. The grievor was subsequently issued the replacement IC and a letter of closure stating that he had successfully overcome the deficiency. The grievor did not accept the redress.

The Committee noted that the grievor did not dispute that he demonstrated a performance deficiency deserving of a remedial measure. Rather, he contended that the errors in its administration were so egregious that they warranted quashing the remedial measure altogether. The Committee pointed out that it has consistently found, and the courts have agreed, that in the absence of bad faith, a poorly administered remedial measure does not warrant quashing it because the de novo grievance process cures procedural defect in its administration.

Applying Defence Administrative Order and Directive 5019-4, Remedial Measures, to the grievor's circumstances, the Committee found that evidence for a remedial measure existed and that an IC was the appropriate remedial measure in the circumstances. It concurred with the IA that there were errors the IC's administration but found that the IA's redress did not address the IC's failure to identify the measures taken to help the grievor overcome his deficiency, nor were written summaries of counselling or mentoring sessions provided to the grievor placed on his personnel record.

Accordingly, the Committee recommended that Final Authority (FA) direct the grievor's chain of command to supplement the replacement IC and closure letter issued to the grievor with a description of the remedial actions taken during the IC monitoring period and the dates on which they occurred.

The Committee also recommend that the FA direct the grievor's chain of command to place written summaries of the counselling and/or mentoring provided to the grievor during the IC monitoring period on the grievor's personnel record.

FA decision summary

The Acting Commander Canadian Army, acting as FA, agreed with the Committee's findings and recommendations.