# 2020-183 Careers, Cease-training, Compulsory Occupational Transfer, Course failure, Progress Review Board

Cease-training, Compulsory Occupational Transfer (COT), Course failure, Progress Review Board (PRB)

Case summary

F&R Date: 2021-10-28

The grievor contested the decision of the Commandant of the Canadian Forces School of Military Intelligence (Cmdt CFSMI) to deny him a second chance at the Basic Intelligence Officer Course (BIOC) and to reassign him to another occupation. He argued that the Cmdt CFSMI discriminated against him based on his age, which is a prohibited ground of discrimination under subsection 3(1) of the Canadian Human Rights Act, and on his remaining years of service in the Canadian Armed Forces. 

There was no Initial Authority (IA) decision, as the designated IA did not render a decision within the prescribed timelines.

The Committee sought additional clarification from the Cmdt CFSMI as to the rationale for his decision, and he explained that the grievor's sustained deficit in the core intelligence tasks over the duration of the BIOC undermined his confidence in the grievor's ability to successfully complete the  course and subsequently lead a career in the occupation. 

The Committee noted that throughout the BIOC, the grievor demonstrated an inability to assimilate information quickly and generate proper actionable intelligence. The grievor himself acknowledged these shortcomings. The Committee found that the Cmdt CFSMI made the decision not to re-course the grievor on the BIOC and to refer him for occupational reassignment because of his low potential for success, not because of his age or remaining years of service. Accordingly, the Committee found that the decision of the Cmdt CFSMI was justified and policy compliant. As the Committee found that the grievor had failed to provide evidence to establish a prima facie case of discrimination, there was no need to proceed to an analysis of the employer's reasonable justification or bona fide occupational requirement.  

The Committee recommended that the Final Authority not afford redress.

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