# 2020-166 Careers, Harassment, Remedial measures

Harassment, Remedial measures

Case summary

F&R Date: 2021-09-29

The grievor alleged that there had been a flagrant lack of transparency and procedural fairness in the management of the Operation (Op) HONOUR complaint filed against them. Specifically, they disagreed with the commanding officer's decision that the actions alleged against them fell under the definition of misconduct. The grievor also complained about the fact that the Canadian Armed Forces (CAF) cancelled their deployment to a desired position based on unconfirmed allegations, without an investigation to allow for an informed handling of the complaint. As redress, the grievor requested that they be reinstated in the desired position, and that their rank on the merit board list be reviewed to reflect the position that they should have occupied. The grievor also requested a board of inquiry and the cancellation of the recorded warning (RW) they had received.

The Initial Authority (IA) denied the grievance, concluding that the grievor had been treated in accordance with the rules, policies and directives in effect. The IA specified that as a member occupying a position of trust and authority, the grievor failed in their obligation to adhere to the strictest standards in setting an example and defending the values and ethics of the CAF.

Given the sexual nature of what was said by the grievor, who occupied a position of trust and authority, the Committee concluded that the decision by the Director Military Careers Administration to conduct an administrative review to determine the appropriate administrative measure was justified and in accordance with policy.

Furthermore, in light of the evidence and the factors involved, the Committee concluded that an RW was the most appropriate measure, under the circumstances, to achieve the objectives of a remedial measure under Defence Administrative Order and Directive 5019-4. Finally, the Committee concluded that the Op HONOUR complaint filed against the grievor had been handled in accordance with the applicable provisions. 

The Committee recommended that the Final Authority not grant the grievor redress.

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