# 2021-189 Careers, Recorded Warning, Remedial Measures

Case summary

F&R Date: 2022-03-24

The grievor, a medical technician, grieved a Recorded Warning (RW) issued for a conduct deficiency described as discussing a patient in an unprofessional manner.

The Initial Authority found that the grievor's alleged conduct warranted a remedial measure.

Contrary to Defence Administrative Order and Directive (DAOD) 5019-4 - Remedial Measures, the Committee found insufficient evidence to establish on a balance of probabilities that the grievor had demonstrated the conduct deficiency described in the RW. The Committee additionally found that the RW did not comply with DAOD 5019-4 because the choice of remedial measure did not accurately reflect the grievor's conduct history and because the remedial actions it imposed were unrelated to the grievor's purported deficiency.

The Committee recommended that the Final Authority direct the RW be rescinded and all references to it be removed from the grievor's personnel records.

FA decision summary

The Director Canadian Forces Grievance Authority, Acting as Final Authority, agreed with the Committee's finding and recommendation. He agreed that the RW was not warranted and that it was not administered in accordance with procedural fairness requirements or in accordance with DAOD 5019-4, and therefore directed that it be removed, as well as all associated documents, from the grievor's personnel records.