# 2017-165 Careers, Cadet Organizations Administration and Training Service, Class B Reserve Service, Removal from Military Duties

Case summary

F&R Date: 2018-07-24

In a consultation with a Social Worker, the grievor, a Cadet Instructor, disclosed information about his sexual preferences. The Social Worker was concerned about the revelations and reported the information to the police, who subsequently arrested and charged the grievor. The charges were ultimately dropped, but the grievor's chain of command removed him from the performance of military duty before subsequently reinstated him. The grievor claims that the Social Worker misinterpreted what he had said and contested the actions taken by the chain of command, alleging that he was being discriminated against based on his sexual orientation.

The Committee found that given the nature of the charges against the grievor, and his role as a Cadet Instructor supervising youth between 12 and 18 years of age, it was reasonable for the grievor's direct chain of command to recommend that he be relieved from duty pending resolution of the charges. However, the Committee found that by the time the decision-maker actually relieved the grievor from duty a year later, the charges had been dropped and additional information provided, such that there was no longer justification to proceed with the relief from the performance of military duty. The Committee also found that, while the grievor had been permitted to complete his authorized period of service, he had been unfairly denied an additional year of service. The Committee found insufficient evidence to conclude that the grievor had been the victim of discrimination due to his sexual orientation.

The Committee recommended that the relief from the performance of military duty be quashed and removed from the grievor's records. The Committee further recommended that the Final Authority consider granting the grievor an ex gratia payment in recognition of the additional year of service the grievor had been denied.

FA decision summary

A settlement was reached between the grievor and the Director External Review. No Final Authority decision.