# 2021-074 Careers, Remedial Measures, Repatriation

Case summary

F&R Date: 2022-02-20

The grievor argued that the Initial Counselling (IC) and the Recorded Warning (RW) he received, as well as his early repatriation from his posting outside of Canada, were unjustified. The grievor claimed that his supervisor bullied and harassed him while treating him unfairly and actively seeking his failure.

The Initial Authority (IA) rejected the grievance due to its submission outside of the prescribed time limit and asserted that the reasons that the grievor provided for submitting the grievance after the prescribed time limit did not fall within the Queen's Regulations and Orders for the Canadian Forces article 7.06. Further, the IA determined that it would not be in the interest of justice to accept the grievance.

The Committee found that both the IC, the RW and their respective monitoring periods were reasonable and conducted in accordance with the applicable directive. Further, the Committee found that the administrative review on the grievor's performance was also reasonable and conducted in accordance with the applicable directive. With regard to the decision to repatriate the grievor, the Committee noted that the grievor was one member of a two-person office and was expected to perform at a high level with minimal supervision. As the grievor was provided with the opportunity to improve his performance but could not, the Committee found that it was reasonable to repatriate the grievor to Canada.

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

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.