# 2024-207 Careers, Initial Counselling, Removal from Military Duties, Review of Defence Administrative Order and Directive 5019-4, Remedial Measures

Case summary

F&R Date: 2025-01-24

The grievor, serving as Head of Department (HOD), became aware of a prior relationship between his Assistant Head of Department (AHOD) and a junior member, but chose not to report the matter to the chain of command (CoC). He then recommended the AHOD as his acting replacement while on leave. The Commanding Officer (CO) later received a complaint of perceived bias and, upon investigation, discovered that the acting HOD had been in an intimate relationship with the junior member while approving their Performance Appraisal Report. The grievor challenged his removal from his position as HOD by the CO and the issuance of an Initial Counselling (IC). In his grievance, he claimed that the CO's remedial actions were punitive, significantly harmed his professional reputation and credibility, and limited his career prospects. Additionally, the grievor believed procedural fairness had not been upheld, as the CO's actions did not align with Article 19.75 of the Queen's Regulations and Orders (QR&O). As redress, he sought formal acknowledgment from the CO that the remedial measures were excessive, along with an investigation into the procedural fairness of the case. He also requested the restoration of his reputation, the removal of the IC from his file, and acknowledgment of the severity of the actions taken against him.

The Initial Authority (IA) found that the grievor was partially aggrieved. The IA concluded that, although remedial measures were warranted in this case, the CoC failed to provide the grievor with the necessary assistance to address the deficiency and did not adequately consider the time required to implement these corrections. The IA determined that the circumstances surrounding the issuance of the remedial measure breached the grievor's rights and agreed to void the IC.

The Committee found that QR&O 19.75, concerning the relief from the performance of military duty, did not apply to the grievor's removal from his position as HOD. The CO ended the grievor's assignment two weeks prior to the anticipated end date but reassigned him to a shore unit. Therefore, the grievor was not relieved from the performance of military duty under QR&O 19.75. The CO, having assessed the circumstances, expressed disappointment in the grievor's judgment and lack of accountability. As a result of this loss of confidence, the CO decided that, for the remaining two weeks of the grievor's posting, the grievor would report to a shore unit. The Committee concluded that the decision was not punitive, did not relieve the grievor of his duties, and found no evidence of harm to his career or reputation, which continued uninterrupted within the Canadian Armed Forces. The Committee recommended that the Final Authority not afford the grievor redress.