# 2021-320 Careers, Discrimination, Procedural Fairness, Remedial Measures

Case summary

F&R Date: 2022-08-05

The grievor disagreed with the decision to post him to another Canadian Forces base (CFB). He pointed out that the Defence Administrative Orders and Directives 5019-0 creates a transparent and clearly defined mechanism whereby performance and conduct deficiencies are to be addressed and corrected. However, he argued that he was not provided procedural fairness because he was told that a deficiency existed only on the day he was informed that he was being removed from his position and posted to another CFB. The grievor felt discriminated against by his chain of command (CoC) and one of his subordinates. He explained that the latter maligned him, disobeyed his direct orders, repeatedly called into question his competence and requested his removal from his position. As redress, the grievor was asking to be reinstated in his position and that his subordinate be held accountable for insubordination, defamation, and character assassination.

The Initial Authority did not render a decision within the time limit. The grievor requested that his grievance file be forwarded to the Final Authority (FA) for adjudication.

The Committee found that unlike a formal removal from a command, the process associated with postings does not require the highest degree of procedural fairness. The Committee explained that while personal preferences and family circumstances are taken into consideration, military requirements must be accorded priority. This being said, the Committee found that the decision to post the grievor was taken with forethought and in the best interest of the Canadian Armed Forces.

Finally, the Committee found that the grievor had not provided sufficient evidence to substantiate that his CoC or subordinate treated him adversely in his employment because of his race, national or ethnic origin, and colour.

The Committee recommended that the FA not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS), acting as the Final Authority (FA), agreed with the Committee's findings and recommendation. The CDS noted that he found, as did the Committee, that the actions taken by the chain of command were necessary and were taken with mindfulness and in the best interests of the Canadian Armed Forces. The CDS also agreed with the Committee that the grievor had not provided sufficient evidence to substantiate discriminatory treatment.