# 2020-190 Careers, Recorded warning, Remedial measure

Case summary

F&R Date: 2021-07-26

The grievor challenged the recorded warning (RW) they received. They considered the remedial measure an exaggeration and were of the opinion that a simple reminder from their immediate superior regarding their deficiency would have been sufficient. The grievor alleged that the Responsible Officer (RO) disclosed information that violated the privacy of Canadian Armed Forces members.

The Initial Authority (IA) found that there was no breach in procedural fairness and that a remedial measure was justified. However, the IA found that the RO did not have the authority to impose a remedial measure and that a RW was too severe. The IA ordered an Initial Counselling (IC) be issued to the grievor as a first remedial measure.

The Committee found that the grievor committed a conduct deficiency and that a remedial measure was justified. However, since it was a first conduct deficiency on the grievor's part, the Committee found that an RW was too severe and that a more appropriate measure, under the circumstances, would have been an IC.

In terms of the disclosure of personal information by the RO, the Committee mentioned that should this allegation prove to be true, it would be a breach of confidentiality. The Committee suggested the Final Authority (FA) ensure that officers in the grievor's unit, specifically the RO of that time, understand the importance of respecting confidentiality. 

The Committee recommended that the FA order the RW to be withdrawn from the grievor's file and that it be disposed of as per the Library and Archives of Canada Act. Lastly, the Committee recommended that the FA order an IC be issued to the grievor as a remedial measure.