# 2021-303 Careers, Remedial measures

Case summary

F&R Date: 2022-12-06

The grievor disputed the initial counselling (IC) he was issued, claiming that it did not follow the required remedial measure (RM) process outlined in the Defence Administrative Order and Directive (DAOD) 5019-4, nor the principles of procedural fairness.

The Commander, 1 Canadian Air Division, acting as the Initial Authority (IA), found that the conditions for issuing an IC were met and should not be confused with issuing a Counselling and Probation, where a Notice of Intent must be disclosed. The IA found that the IC detailed the policy and procedures that were not followed and/or were not provided in a timely manner. The IA concluded that the IC was reasonable in light of the grievor's performance deficiencies and that it was issued in accordance with DAOD 5019-4.

The Committee found that there was reliable evidence establishing, on a balance of probabilities, that the grievor had demonstrated a performance deficiency when he failed to follow proper standard operating procedures. The Committee also found that the grievor was directly responsible for this failure of process, which ultimately prompted the chain of command to issue the disputed IC. The Committee noted that any breach of procedural fairness in the RM process had been corrected through the grievance process.

The Committee concluded that the initiation of an IC was justified in the circumstances, and that it was policy compliant.

The Committee recommended that the Final Authority not afford redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress. While the Committee opined that the grievor's deficiencies largely involved military administrative responsibilities, rather than pastoral failure, the FA found that it was all interlinked. The FA found that the IC as presented was factually correct, justified, and, as recommended by the Committee, it will remain on the grievor's personnel file.