# 2021-037 Careers, Counselling and probation

Counselling and probation (C&P)

Case summary

F&R Date: 2021-10-25

The grievor was issued a counselling and probation (C&P) remedial measure (RM) in May 2016 for a conduct deficiency. The grievor argued that the allegations made against him were untrue, that he did not receive adequate disclosure of a Military Police (MP) report, that the RM was not issued in his preferred official language and that the C&P was too severe of a RM. He submitted his grievance in October 2020.

The Initial Authority (IA) determined that the grievor failed to submit his grievance within the prescribed time limit and that it would not be in the interest of justice to accept the grievance.  

The Committee found that the grievor had been deprived of procedural fairness in that he was not provided adequate disclosure and that the administration of the RM was not issued in his preferred official language. The Committee found that any lapse in procedural fairness had been rectified through the grievance process. The Committee also found that the MP report, the evidence upon which the C&P was based, provided no reliable evidence that the grievor made inappropriate comments that breached the principles of Operation HONOUR. However, the Committee determined there was evidence that the grievor displayed a breach of trust with respect to the inappropriate use of personal information, gained through his duties, for his own inappropriate purposes. The Committee considered a C&P to be too severe of a RM for the grievor's first display of such a deficiency. The Committee recommended that the RM be reduced to a recorded warning and that the RM be amended to reflect a breach of trust due to the inappropriate use of personal information

FA decision summary

The Director Canadian Forces Grievance Authority agreed with the Committee's recommendation to partially uphold the grievances and directed that the RM be replaced and rewritten. 

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