# 2023-003 Careers, Personnel Evaluation Report

Case summary

F&R Date: 2024-07-24

The grievor contested the Situational Assessment (SA) and the Responsible Officer's determination that the allegations, as presented in her complaint, did not meet the criteria for harassment. In a related grievance, the grievor alleged that she had been unjustly underscored in her Personnel Evaluation Report (PER) compared to her pervious year's PER by the respondent in her harassment complaint.

Regarding the SA, the Canadian Forces Grievance Authority determined that since it was conducted by an organization which reports directly to the Chief of the Defence Staff, the grievance should be referred directly to the Final Authority (FA) level for adjudication, in accordance with article 7.13 of the Queen's Regulations and Orders for the Canadian Forces. Therefore, there is no Initial Authority (IA) decision on the matter. Concerning the grievor's PER, the IA contended that there were examples of inconsistencies in the grievor's performance and conduct during the reporting period that supported the reasoning behind the reduced scores. The IA determined that the grievor had been treated fairly and in accordance with policies and therefore, denied redress.

The Committee found that the SA was not conducted in accordance with the applicable provisions of the Harassment Prevention and Resolution Instructions. The Committee also found evidence of conflict occurring in the workplace, which should have been enough to trigger further inquiries, whether specifically through an investigation under the harassment policy, or an inquiry into workplace conflict. The Committee observed that the grievor's allegations warranted consideration and should not have been dismissed without further intervention. The Committee recommended that the FA afford the grievor redress by acknowledging that the SA was flawed and should be set aside. Given that the parties were no longer employed within the same chain of command, the Committee further recommended that the Canadian Armed Forces not perform a new SA, but take the necessary steps to appropriately address the events that occurred in the workplace, with the intent of increasing awareness by the parties of proper conflict resolution skills. Regarding the grievor's PER, the Committee found that the scores allocated were appropriate and that the grievor had not provided evidence to support higher ratings. Accordingly, the Committee recommended that the FA not afford the grievor redress on this issue.