# 2021-125 Careers, Reserve Force

Case summary

F&R Date: 2022-03-21

The grievor complained about a previously approved remote working agreement being unfairly rescinded, and about being unfairly removed from a Class B position without any explanation. As redress, the grievor requested a full review by an outside neutral party, and a full explanation for the actions taken by the chain of command (CoC).

There was no Initial Authority (IA) decision as the IA was unable to determine the grievance within the time limit prescribed by article 7.15 of the Queen's Regulations and Orders for the Canadian Forces.

The Committee found that the grievor was not accorded procedural fairness in the conduct of a unit investigation (UI) ordered by the CoC, nor in the eventual decision to remove the grievor from the Class B position. However, the Committee found that disclosure and an opportunity to make representation was subsequently accorded the grievor through the de novo review of the grievance conducted by the Committee and, as such, the grievance process had now cured the breach of procedural fairness.

The Committee found that its de novo review of the administrative action taken by the CoC with regard to the grievor constituted an impartial review by an outside party as requested by the grievor. The Committee also found that the UI was not biased and that the decision by the CoC to remove the grievor from the Class B position was reasonable in the circumstances. Finally, the Committee found that its analysis represented a full and better explanation as to why the remote working arrangement was rescinded and why the grievor was removed from the Class B position.

The Committee recommended that the Final Authority (FA) grant no further redress.

FA decision summary

The Director Canadian Forces Grievance Authority agreed with the Committee's recommendation that the FA grant no further redress. She agreed with the Committee that the investigation was reasonable, unbiased and that the conclusions were appropriate. The director also noted a breach of procedural fairness when the grievor was not provided with the result of the investigation but found that the breach was cured by the grievance process.