# 2020-222 Careers, Recorded warning, Repatriation

Case summary

F&R Date: 2021-12-03

The grievor argued that the remedial measure (RM) he received, as well as his Category D repatriation from theatre, was unfair and unjustified. He stated that he had minimal involvement in the investigation of the allegations against him. He was quickly interviewed and given little time to make submissions regarding the decision to repatriate. The grievor also stated that he was surprised when he discovered, upon his return to Canada, that he would be receiving a RM. He argued that while he may have made a few comments that could have been misinterpreted, he did not direct any of these comments at his subordinates. As redress, the grievor requested the RM be expunged from his record, for his category D repatriation to be changed, and to receive compensation for the loss of operational allowances. 

The Acting Commander of Canadian Joint Operational Command, acting as Initial Authority (IA), denied the grievor redress. The IA stated that the grievor's interpretation of his actions was not supported by the evidence collected during the investigation. The evidence supported the decision by the chain of command (CoC) to issue the grievor a RM as well as the decision to repatriate him from theatre. The IA further stated that the grievor had a responsibility to foster a positive work environment for his subordinates, a critical role in which he failed. 

The Committee found, based on a review of the available evidence, that the grievor had not acted in a manner expected of a Canadian Armed Forces member of his rank and position. The Committee further found that the available evidence, as well as the grievor's refusal to accept responsibility for his actions, supported the decision by his CoC to issue a RM. Given the environment of a deployed mission, the Committee found that the grievor's continued presence in theatre would be detrimental to the effectiveness of his section.  

The Committee recommended the Final Authority deny the grievor redress.