# 2021-173 Careers, Initial Counselling, Remedial Measures

Case summary

F&R Date: 2022-09-21

The grievor contested the remedial measure received for conduct while posted outside of Canada, claiming that rather than assisting her to overcome the shortcoming, it caused undue stress and negatively affected her career. The grievor stated that after having dealt with a difficult family situation, she missed a mandatory daily check in with her chain of command (CoC). The grievor claimed that after realizing what had happened, she immediately called her supervisor. The grievor asserted that this wellness check was done out of concern for her family situation and not for operational reasons. As redress, the grievor requested that the remedial measure and any reference to it be removed from her file.

The grievor's unit Commanding Officer, acting as Initial Authority (IA) denied the grievor redress. The IA determined that while the narrative of the remedial measure referenced an outdated document, the grievor's conduct still breached established standards of conduct for Canadian Armed Forces members. The IA stated that the grievor had a responsibility to follow the lawful command given to her to check in and that the CoC acted appropriately in issuing a remedial measure.

The Committee reviewed the relevant policies and the submissions by the grievor and her CoC. Following this review, the Committee found that the remedial measure did not serve any purpose in overcoming the grievor's deficiency. The grievor missing her check in call was directly related to her on-going family stressor, which was not addressed by the issued remedial measure. The Committee found that if there had been no significant stressors, a remedial measure may have been appropriate given the grievor's rank and position, however, given the relevant facts of the situation a Personnel Development Review would have been a more appropriate step to take in assisting the grievor. The Committee recommended to the Final Authority to quash the remedial measure and remove any reference to it from the grievor's personnel file.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation to quash the remedial measure and remove any reference to it from the grievor's personnel file.