# 2021-075 Careers, Recorded Warning, Remedial Measures

Case summary

F&R Date: 2022-03-17

The grievor disputed two Recorded Warnings (RW), arguing that the process outlined in Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures, was not followed. As redress, the grievor requested that the RWs be removed from their personnel file and that they not be used as a reference in the cancellation of their promotion.

The Initial Authority (IA), the Commander Canadian Joint Operations Command, denied the grievances, finding that the RWs were warranted. The IA also found that, given the seriousness of the circumstances for which the RWs were issued, it was appropriate that they be taken into consideration in the determination of the grievor's promotion.

The Committee found that the issued RWs adequately described the grievor's deficiencies and reflected the direct observations of the initiating authority and staff. The Committee also found that the stated deficiencies were serious enough to warrant escalation directly to RW and that any noted irregularities in their administration did not render the RWs invalid. Finally, the Committee concluded that there was reliable evidence to establish, on a balance of probabilities, that the grievor demonstrated the identified conduct and performance deficiencies and that the issued RWs were reasonable and should stand.

Concerning the grievor's cancelled promotion, the Committee found that, in accordance with paragraph 6.1 of DAOD 5019-4, a member remains eligible for promotion while on a RW. However, the Committee also found that a promotion can be cancelled if there is a significant change in a member's circumstances. The Committee concluded that the decision to cancel the grievor's promotion was reasonable given the circumstances. The Committee recommended that the Final Authority (FA) not grant redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.