# 2025-115 Careers, Judge Arbour Rec. 10 – sexual-related files, Performance Appraisal Report

Case summary

F&R Date: 2026-03-06

The grievor challenged the assessment of her potential contained in section 5 of her 2023–2024 Performance Appraisal Report (PAR). She argued that this assessment did not reflect the positive feedback she had received during the reporting period. She further submitted that her 2022–2023 and 2023–2024 PARs failed to take into account a traumatic incident of which she had been the victim and that had significant repercussions on her psychological well-being throughout both reporting periods. As redress, the grievor requested a transfer of responsibility with respect to her 2023–2024 PAR so that it could be reassessed.

The Initial Authority (IA), the Chief, Professional Conduct and Culture, concluded that the grievor had not been aggrieved, as her PAR had been prepared by the unit that employed her for the majority of the evaluation period and her 2022–2023 and 2023–2024 PARs demonstrated positive professional progression. Accordingly, the IA concluded that a reassessment of the 2023–2024 PAR was not warranted.

After reviewing the grievor's PAR and obtaining additional information from the commanding officer of the unit responsible for the PAR, the Committee found no evidence that the grievor's 2023–2024 assessment had been drafted with consideration for her medical condition or the principles governing the treatment of victims of wrongdoing, as set out in Defence Administrative Orders and Directives 9005-1, Sexual Misconduct Response. The Committee concluded that the support measures provided to the grievor during this period were insufficient and inadequate. Consequently, the Committee found that the 2023–2024 PAR could not be considered reasonable or fair, as essential factors relating to her medical condition, mitigating circumstances, and the employer's duty to accommodate had clearly not been taken into account. The Committee recommended that the Final Authority direct a competent and independent authority to conduct a reassessment of the grievor's 2023–2024 PAR, taking into consideration all factors relevant to her circumstances.