# 2024-240 Careers, Administrative Action

Case summary

F&R Date: 2025-10-16

The grievor contested his chain of command (C of C)'s decision to remove him from his section commander position, a position normally held by a member with the rank of sergeant. He stated that he had never received any complaints from his C of C or his subordinates regarding his skills during the years when he had held the position. As redress, the grievor requested that he be returned to his section commander duties, that his professional credibility and his reputation be re-established, and that all feedback notes regarding his removal from his duties be deleted from his file. 

The commanding officer, acting as the Initial Authority (IA), concluded that the grievor had been treated fairly, in compliance with the applicable rules, regulations and policies, and rejected the grievance. The IA noted that the grievor's interpersonal conflicts and inconsistent performance, as well as the fact that the grievor did not have the rank or the qualifications for the position of section commander, justified the decision made by his C of C. 

The Committee concluded that since the grievor had not been removed from his military duties or demoted from the duties of a command position or a key position, the decision to remove him from his section commander position did not contravene any Canadian Armed Forces policy. However, the Committee noted that there should have been feedback notes demonstrating the grievor's shortcomings. Since there was no evidence in the file demonstrating that the grievor had been previously warned about such shortcomings, and given that the decision to remove him was based on an evaluation that was not supported by the facts, the Committee concluded that it was unfair to the grievor and recommended that the Final Authority recognize that he was aggrieved.