# 2021-286 Careers, Removal from military duties

Case summary

F&R Date: 2023-07-25

The grievor complained that he was removed from his attached posting assignment four months early by his Commanding Officer (CO). The grievor argued that the CO's decision was excessive, based on inaccurate information, and failed to consider any form of corrective action short of returning him to his home unit (RTU). As redress, the grievor sought compensation for the lost benefits and allowances due to the early termination.

There was no Initial Authority (IA) decision on the file as the IA did not meet the timeline for a decision stipulated by paragraph 7.15(2) of the Queen's Regulations and Orders for the Canadian Forces.

The Committee first noted that although the CO did express some concern with the overall quality of the grievor's work, he stated that he terminated the grievor's assignment early because the grievor knowingly disregarded the CO's direction causing the CO to lose confidence in the grievor. The Committee then considered the file evidence, concluding that the grievor disobeyed clear direction from his CO and the Station Warrant Officer and, as such, demonstrated a serious conduct deficiency. The Committee also found that it was reasonable for the CO to conclude that the grievor's continued presence at the unit would be detrimental to its mission. The Committee concluded that the decision to remove the grievor from the unit and return him to his home unit after just two months of his six-month tour was reasonable given the situation and the circumstances that unfolded.

Finally, the Committee noted that the way the CO conducted the RTU decision process was procedurally unfair to the grievor. Notwithstanding the noted procedural fairness lapses, the Committee found that, in this case, the grievance process was able to correct those defects. The Committee recommended that redress not be granted.

FA decision summary

The Director, Canadian Forces Grievance Authority, acting as the Final Authority, agreed with the Committee's findings and recommendation.