# 2020-032 Careers, Career action

Career action

Case summary

F&R Date: 2021-10-22

In two grievances the Committee consolidated into one, the grievor challenged a counselling and probation (C&P) issued to him for allegedly consuming alcohol and conducting himself in an unacceptable manner at a social event; and for his removal from command for the same reason. The grievor contended that his conduct resulted from a mental breakdown and not alcohol consumption. As redress, he requested that the C&P and his removal from command be quashed and that all references to them be removed from his personnel records. 

The Initial Authority found that the C&P and removal from command were reasonable, justified and issued in accordance with policy.

The Committee carefully examined the circumstances leading to the grievor's C&P and removal from command by consulting the Defence Administrative Order and Directive 5019-4 - Remedial Measures and Command Army Order 11-94 - Removal or Relinquishment of Command or Senior/Key Positions within the Canadian Army. The Committee found that the grievor's conduct during the incident in question warranted a remedial measure, but that the most appropriate remedial measure in the circumstances was a recorded warning (RW). The Committee also found that the grievor's failure to notify his chain of command of a medical condition that could affect his ability to lead his subordinates was a serious error in judgement that warranted his removal from command.

The Committee recommended that the Final Authority (FA) direct the C&P issued to the grievor be replaced with an RW, and that the FA not afford the grievor redress with respect to his removal from command. 

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