# 2021-288 Careers, Class B Reserve Service, Termination Class B Reserve Service

Case summary

F&R Date: 2022-09-27

The grievor contested the decision that led to the early cessation of his Class “B” (Cl “B”) Reserve Service, as the main justifications provided for the early cessation of his employment were the initial counselling (IC) and the recorded warning (RW) he received. The grievor asserted that he was not given any indication, either verbal or in writing prior to 1 May 2018, that his contract with his unit was likely to be ceased, or in the process of being ceased based on his performance, contrary to Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04, Administrative Policy of Class “A”, Class “B” and Class “C” Reserve Service. He further maintained that the procedures followed to issue him with the 30-day notice of cessation of his contract also contravened policy.

The Initial Authority did not render a decision within the prescribed time limit. As such, the grievor requested that his grievance be directed to the Final Authority (FA).

The Committee found that the early cessation of the grievor's period of Cl “B” Res Svc for unacceptable performance was justified. The Committee noted that while the grievor's chain of command made meaningful effort to address the grievor's conduct and performance issues, it was clear that some aspects were mishandled. For instance, the grievor was not warned in writing that his conduct deficiencies would jeopardize his Cl “B” employment and further, he was counselled by a supervisor that he did not need to worry about his employment. That said, the Committee noted that the requirement that the grievor receive a 30-day written notice prior to cessation of his Cl “B” Res Svc was met and that the process was reasonable and justified in accordance with CF Mil Pers Instr 20/04.

With regard to the RW, the Committee found that it was unreasonable, and not in accordance with the policy's intent, for the grievor to be issued with a RW given that the monitoring period for the preceding IC had not yet concluded.

The Committee recommended that the FA not grant redress for missed Cl “B” Res Svc or compensation for any mental, physical or career damages, but recommended that the FA direct a review of the policy for terminating Cl “B” Res Svc in order to ensure a smoother process if future needs arise. The Committee further recommended that the RW issued to the grievor be quashed and that all mention of it be removed from the grievor's records, in accordance with the applicable dispositions.