# 2018-028 Careers, Harassment, Remedial Measures

Case summary

F&R Date: 2019-12-24

The grievor contested a personnel development review (PDR) and two recorded warnings (RWs), one for misconduct and one for unsatisfactory performance. She argued that the three measures were abusive and followed the harassment that she was enduring as a result of her withdrawal from a course for medical reasons. The grievor requested that the measures be removed from her files.

The Initial Authority (IA) concluded that the PDR, having been replaced by a performance evaluation report (PER), could be destroyed and no longer had any impact on the grievor. The IA also found that the RW for misconduct was not warranted and ordered that it be rescinded. Finally, the IA concluded that the RW for unsatisfactory performance was justified, in part because the grievor had accepted responsibility for the errors she had made.

With respect to the PDR, the committee found that the performance reported in the PDR did not match the performance reported in the PER, which was drafted only a few months later. The grievor's unit was unable to provide the committee with concrete examples to justify the PDR. With respect to the RW for misconduct, the committee found that the unit was unable to demonstrate the alleged deficiency. With respect to the RW for unsatisfactory performance, the committee concluded that the RW showed deficiencies for competencies that had been assessed as exceeding the standard in the PER signed less than a week prior to the RW. Therefore, the committee found that the RW for unsatisfactory performance was unjustified.

The committee recommended that the PDR and both RWs be rescinded and removed from the grievor's personnel file.

FA decision summary

The Director of the Canadian Forces Grievance Authority, acting as the Final Authority (FA), supported the Committee's recommendation to uphold the grievance. The FA indicated that relieving the grievor of her leadership duties for medical reasons upon her return to the unit violated Canadian Armed Forces policies. The FA concluded that both of the corrective measures were unjustified and ordered that they be removed.