# 2021-258 Careers, Remedial Measures

Case summary

F&R Date: 2023-11-29

The grievor challenged the recorded warning (RW) he received, stating that he had received no feedback regarding the deficiencies described in the RW and that his performance had always been impeccable until he had been the subject of a harassment complaint. In his view, the RW was not justified and has led to serious professional consequences for him. The grievor believes that, during the proceedings, he was not allowed to make his submissions, or, at least, his version of the facts was misunderstood. The grievor asked that the RW and all associated documents be removed from his personnel file.

The Initial Authority (IA) refused to grant the redress requested by the grievor, finding that, given the grievor's rank, his chain of command's expectations of him were reasonable and that multiple attempts at mentoring had failed to help him correct his deficiencies. The IA added that the actions for which the grievor was criticized were not isolated acts and that, accordingly, a remedial measure was justified to rectify the situation.

The Committee concluded that the incidents reported by the grievor's chain of command were not serious enough to justify the imposition of a remedial measure and that it would have been more appropriate for the grievor to receive a more thorough personnel development review report with a realistic action plan for improving his performance. The Committee also noted that the grievor was promoted after the issuance of the RW and that this reduced the seriousness of the behaviour under consideration.

The Committee recommended that the RW and all associated documents be removed from the grievor's personnel file.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as the Final Authority (FA), agreed with the Committee's findings and recommendation. He found that the accuracy of the facts supporting the remedial measure was in doubt and that it appeared instead that the language barrier was a key factor in the miscommunication. He ordered the removal of the remedial measure from the grievor's file.