Progressive application of Remedial Measures

Topic

Progressive application of Remedial Measures

Case number

Description

The grievor was awarded a Counselling and Probation (C&P) for alcohol misconduct without a considered review of the grievor’s entire situation and a measured response.

 

The Committee observed that it had reviewed a number of conduct or performance deficiency related grievances where it had expressed concern with the decision-makers not complying with the requirements and processes embedded in the policy.  The Committee noted, in particular, that the Director Military Careers Administration (DMCA) Aide-Memoire 001/14 stipulates a minimum remedial measure of C&P should be applied in cases of drug involvement, which is contrary to the established policy.  In the Committee’s view, this direction diminishes the value of the considered and progressive administrative action regime.

 

Defence Administrative Orders and Directives (DAOD) 5019-4 – Remedial Measures, provides for a measured and progressive use of remedial measures which are, in order of severity, Initial Counselling, Recorded Warning and C&P.  There is no provision dictating that misconduct of a particular nature must automatically lead to or equate to C&P, even in cases of prohibited drug use or other involvement with drugs (DAOD 5019-3).

 

The Committee found that the Aide-Memoire diminishes the value of the considered and progressive administrative action regime that has been developed by the CAF.

Recommendation

The Committee recommended that the DMCA Aide-Memoire 001/14 be cancelled and not be relied upon anymore.

Final Authority Decision

The FA did not agree with the Committee' s systemic recommendation. The FA was of the view that the DMCA Aide Memoire establishes a minimum remedial measure standard for certain misconduct in order to be consistent across the CAF, but it does not dictate the decision. The FA stated that even if the Committee presented the FA the same contention 5 more times, the FA may choose to still disagree with them. As stated in CANFORGEN 112/14, the DAODs are being amended and significant changes to the policy are expected.

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