# 2021-295 Releases, Release - Voluntary

Case summary

F&R Date: 2023-01-31

The grievor contested the decision of the Commandant (Cmdt) Canadian Forces Leadership and Recruit School (CFLRS) to deny his submission to retract his voluntary release request.

The Commander Canadian Defence Academy, acting as the Initial Authority, forwarded the grievance to the Final Authority (FA) as he determined that he did not have the authority to grant the redress sought by the grievor.

The Committee found that the decision made by the Cmdt CFLRS was made hastily without review and due consideration of all relevant factors, lacking proper justification and rationale. Therefore, the Committee found that the decision was not fair and transparent as it disregarded the grievor's procedural rights and deprived him of the ability to properly argue his case through the grievance process. As such, the Committee found that the Cmdt's decision denying the grievor's retraction request unfair and unreasonable and recommended that it be set aside.

The Committee recommended to the FA that the grievor be provided a letter that could be presented to the recruiting centre to assist reenrollment.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation to support the grievor's enrolment if he wishes to do so.