# 2016-122 Careers, Harassment, Pilot, Training Failure

Case summary

F&R Date: 2016-10-06

The Committee found that, notwithstanding the shortcomings in the Air Operations File Review (AOFR), it was correctly initiated and the recommendations of the AOFR were reasonable, given the circumstances of the case. The Committee also found that it was premature to consider the Administrative Review (AR) outcome, as the AR had been suspended pending the completion of the grievance, and the grievor maintains the right to grieve the AR decision if she is not happy with it.

FA decision summary

The FA, the Commander Royal Canadian Air Force, disagreed with the Committee's findings and recommendation that the grievance be denied. He found that the Air Operations File Review (AOFR) was conducted in violation of the grievor's right to procedural fairness. The FA found that the AOFR results were therefore invalid (“null and void”) and directed that its results be expunged from the grievor's file. He also found that the pending administrative review (AR) that was recommended on the basis of the AOFR results was also null and void and he ordered that all references and documents be removed from the grievor's file.

In his de novo determination, the FA found that the harassment the grievor had endured was most likely than not linked to her performance and to the AOFR's recommendation that the grievor's qualification be revoked. He determined that a subsequent AOFR was not required and partially granted the grievor's request by allowing her a re-evaluation of her pilot skills. He also directed that the remedial measure the grievor received as a result be expunged from her file and rewrote her latest Performance Evaluation Report.