# 2021-137 Careers, Discrimination, Initial Counselling, Remedial Measures

Case summary

F&R Date: 2022-03-24

The grievor contested the reception of an Initial Counselling (IC) which he received after a conversation that took place between him and his chain of command and claimed that it was not administered in accordance with the applicable directive. The grievor indicated that he had generally received positive feedback for his performance and conduct over the course of his career, and that he had not demonstrated a conduct deficiency in the extended period leading up to the reception of the IC. The grievor admitted to a loss of composure and acting unprofessionally during the conversation but attributed his outburst to feeling unsupported by his superiors and other external events taking place at the time. The grievor also challenged whether the remedial measure was more punitive rather than actually helping him to correct his behaviour. The grievor requested that the IC and all references to it be removed from his personnel file. He also requested that in lieu of the IC, his conduct be addressed through the Personnel Development Review (PDR).

There was no Initial Authority decision on the file.

The Committee found that several factors in selecting the remedial measure as required by Defence Administrative Orders and Directives 5019-4 were not properly considered by the initiating authority, therefore the IC was not policy compliant. The Committee observed that the grievor's admission to the inappropriate behavior and attempts to apologize for it represent lessons learned, and that an IC was not necessary to further remind the grievor of this.

The Committee recommended to the Final Authority (FA) that the IC be quashed, along with all references to it being removed from the grievor's records, and that a PDR which addresses the grievor's loss of composure be issued to the grievor instead.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation to afford the grievor redress, and directed that the IC and its associated records be removed from the grievor's personnel file.