# 2014-017 - Recorded Warning, Remedial Measures

Case Summary

F&R Date: 2014–09–05

The grievor was issued a recorded warning (RW) by her Commanding Officer (CO) for a performance deficiency noted while she was working at another unit. At the same time, her CO also initiated a career Administrative Review (AR), recommending to the Director of Military Careers (D Mil C) that the grievor either be offered a reversion in rank to a non-commissioned member, or a compulsory Item 5d release. The D Mil C rejected the CO's recommendation, directing that the full spectrum of remedial measures should first be utilized.

The grievor disputed the RW as well as corresponding comments in her Personnel Evaluation Report (PER), complaining that they were unwarranted. She also argued that she should have been afforded an opportunity to overcome her deficiencies before the career AR was initiated.

There was no Initial Authority (IA) decision as the grievor denied the IA's request for an extension of time to respond.

The Committee found that the RW inaccurately depicted the grievor's performance and was not warranted. It also found that it was premature for the grievor's CO to have requested an AR at the same time that he issued the RW. The Committee recommended that the Chief of the Defence Staff quash the RW and direct that any documentation relating to the RW be removed from the grievor's personnel file. Finally, the Committee recommended that the grievor's PER be revised to remove any mention of the RW and the AR.

CDS Decision Summary

CDS Decision Date: 2014–11–21

The FA agreed with the Committee's findings and recommendation to uphold the grievance. The FA directed that the RW, as well as the AR be removed from the grievor's personnel file.