# 2024-213 Harassment, Class A Reserve Service, Harassment, Harassment Prevention and Resolution Instructions – Procedural Fairness Principles

Case summary

F&R Date: 2025-03-21

The grievor grieved his Commanding Officer's (CO) decision to relieve him from the performance of military duty after the grievor notified his CO of his intent to file a harassment complaint against him. In his grievance, the grievor explained that this decision had deprived him of his salary, isolated him from his unit and caused him to lose potential Class “A” Reserve Service opportunities. As redress, the grievor requested that he be reinstated to his unit with the same level of Class “A” Reserve Service employment. He also requested that his CO organize and conduct an information session on the harassment resolution and prevention process for unit members. In addition, he requested that the Canadian Armed Forces compensate him for all days of service lost in connection with the situation, as well as for the days he needed to obtain advice and prepare his harassment complaint file. 

The Initial Authority (IA) concluded that the grievor had been aggrieved. The IA ordered an information session on harassment prevention and resolution given by an external expert for all unit members, and offered the grievor the opportunity to work 13 days of Class “A” Reserve Service as compensation for the days lost. However, the IA decided not to grant the grievor any financial compensation for the days he spent preparing his harassment complaint, deeming this to be a personal matter. 

The Committee found that, as per Defence Administrative Order and Directive 5012 0 and the Harassment Prevention and Resolution Instructions, the grievor's CO had overstepped his authorities. The Committee also found that the grievor had been subjected to real reprisals that had resulted in financial losses and deprived him of Class “A” employment opportunities. The Committee therefore found that the CO's decision to relieve the grievor from the performance of military duty ran contrary to the applicable provisions. 

The Committee recommended that the Final Authority consider offering the grievor Class “A” Reserve Service opportunities and use its authority to grant him an ex gratia payment.