# 2021-253 Careers, Administrative Review

Case summary

F&R Date: 2023-04-04

The grievor complained that the Commanding Officer's (CO) decision to convene an Administrative Review (AR) for misconduct was not justified, and that the CO failed to follow the principles of procedural fairness. As redress, the grievor requested that her grievance, and all previous complaints, be reviewed by an external party, and that those who defamed her character be held accountable.

There was no Initial Authority (IA) decision on the file as the IA failed to render a decision within the time limit prescribed by article 7.15 of the Queen's Regulations and Orders for the Canadian Forces.

The Committee explained that it is an external, impartial administrative tribunal which operates independently from the Canadian Armed Forces, and that it had conducted an independent and impartial investigation of this grievance. The Committee then noted that the grievor previously submitted several grievances that were subsequently referred to the Committee for its independent review. In each instance, following a comprehensive review, the Committee provided its findings and recommendations to the Final Authority and to the grievor. As such, the scope of the Committee's review was restricted to those matters not yet reviewed by it.

The Committee concluded that the decision of the CO to initiate the AR for misconduct was justified, based on the available evidence. Finally, the Committee found that procedural fairness was afforded to the grievor during the AR process because she was made aware of the case against her, she was given a meaningful opportunity to make representations throughout the AR process, and her representations were considered by the CO.

The Committee recommended that redress not be granted.

FA decision summary

The Chief of Staff, Chief Professional Conduct and Culture, acting as the Final Authority (FA), agreed that the CO's decision to initiate the AR was reasonable, although he found that given the circumstances, the AR should have been conducted by the Director Military Careers Administration rather than by the CO. The FA agreed with the Committee's recommendation and did not grant redress.