# 2014-161 Careers, Initial Counselling (IC), Procedural Fairness, Recorded Warning, Remedial Measures

Case Summary

F&R Date: 2015–02–17

The grievor, a reservist, was issued a Recorded Warning (RW) for failing to complete a Summary Investigation (SI) as directed. Three months after the issuance of the first RW, the grievor was issued a second RW for failing to display the attitude and conduct expected of a junior officer.

The grievor contended that there was a breach of his rights to procedural fairness and requested that both RWs be removed from his personnel file.

The Base Administration Officer, acting as the Initial Authority, found that the applicable policies had been followed and denied the grievance.

Regarding the first RW, the Committee found that the grievor's failure to carry out a specific written direction was serious and warranted a remedial measure. However, the Committee also found that the grievor's right to procedural fairness was breached as no one asked him for an explanation for his failing. Using the factors listed in the Defence Administrative Orders and Directives (DAOD) 5019-4, the Committee found that the appropriate remedial measure for the incident in question would be an Initial Counselling (IC) for conduct deficiency.

With respect to the second RW, the Committee found that the wording of this remedial measure was vague and ambiguous and that the unit had failed to adequately document whether the grievor was previously counselled on his failing. The Committee also found that the RW was not based on reliable evidence as required by DAOD 5019-4. Finally, the Committee examined the grievor's overall performance records and was unable to find sufficient evidence to substantiate the comments found in the RW. The Committee concluded that this RW should be removed from the grievor's file.

The Committee recommended that the first RW be removed from the grievor's personnel file and replaced with an IC for conduct deficiency. The Committee also recommended that the second RW be removed from the grievor's personnel file and not be replaced.

CDS Decision Summary

CDS Decision Date: 2015–09–28

The FA agreed with the Committee's findings and recommendation that the first RW be removed from the grievor's personnel file and replaced with an IC. The FA also agreed with the Committee's recommendation that the second RW be removed from the grievor's personnel file.