# 2021-023 Careers, Initial Counselling, Remedial Measures

Case Summary

F&R Date: 2021-03-15

The grievor argued that an Initial Counselling (IC) received for a conduct deficiency was incomplete and, thus, invalid. The grievor stated that the initial progress briefing was administered incorrectly and the remaining sessions never occurred during the monitoring period. The grievor also indicated that there was no final written summary of the IC placed on the his personnel file. As redress, the grievor requested that the IC be removed from his personnel record.

The Initial Authority (IA) found that, while the absence of written progress briefs may make the IC incomplete, it did not render the IC invalid or make its intent punitive. Furthermore, a letter attesting to the completion of the IC was placed in the grievor's personnel file. The IA found the IC appropriate and did not afford redress. 

The Committee found that the grievor's IC was not administered in accordance with Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures. The Committee also found that the Chain of Command’s mismanagement did not invalidate the IC because the underlying intent, as set forth in paragraph 3.6 of the DAOD, was met.

The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA Decision Summary

The Director Canadian Forces Grievance Authority, acting as the FA, agreed with the Committee that the policy does not require cancellation of a remedial measure due to failure of conducting progress-monitoring sessions. The FA denied redress.