# 2016-063 Careers, Counselling and Probation (C&P), Promotion

Case Summary

F&R Date: 2016–05–31

The grievor was placed on counselling and probation (C&P) and had her backdated promotion canceled as a result of having consumed alcohol prior to returning to a field training exercise. The grievor agreed that a remedial measure was warranted but claimed that the C&P was too severe and that the resulting cancellation of her backdated promotion was unfair. As redress, the grievor requested that the C&P be removed from her file and that her promotion seniority dates be adjusted accordingly.

The initial authority (IA) found that the C&P was an appropriate remedial measure and that it was administered in accordance with applicable policies.

The Committee first found that the IA should not have acted in this capacity given his involvement in the decision to administer the C&P in the first place.

The Committee then reviewed the file evidence and found that the grievor had demonstrated a significant conduct deficiency that warranted a remedial measure. However, the Committee also considered the grievor's previously strong record with no prior remedial measures and found that an initial counselling (IC) would be sufficient and effective in the grievor's circumstances.

The Committee recommended that the C&P be quashed and replaced with an IC. The Committee also recommended that the grievor be granted her backdated promotion effective the original date, and that her seniority date and entry into the promotion zone for the next rank be amended accordingly.

FA Decision Summary

The FA agreed with the Committee's findings and recommendations that the C&P be removed from the grievor's files and replaced by an IC. Having set aside the administrative measure that had promotion restrictions, the FA found that the grievor's promotion date will be corrected accordingly.