# 2019-108 Careers, Recorded warning

Case summary

F&R Date: 2020-09-17

The grievor was the subject of a Unit Disciplinary Investigation (UDI) and received a recorded warning (RW). He maintained that he had not committed a service offence, arguing that there was no evidence of his insubordination nor of his disobeying lawful command, and that the UDI should never have taken place. As redress, he sought to have the RW removed from his records.

There was no Initial Authority (IA) decision as the IA was unable to complete a decision within the allotted time and the grievor did not grant an extension.

The Committee found that there was sufficient evidence for the chain of command to initiate a UDI but, because it did not result in a decision under the Code of Service Discipline, there was nothing to grieve in that regard.

The Committee also found that there was sufficient evidence demonstrating the grievor's defiance of his superiors' directions. The Committee concluded that the RW was reasonable, justified and policy compliant. The Committee recommended that redress not be granted.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, disagreed with the Committee's findings and recommendation not to afford redress. While the Committee found that the Canadian Armes Forces followed the relevant policies correctly and that the grievor disobeyed lawful orders, the FA found that the grievor's chain of command should have been more proactive in seeking to solve this situation. Therefore, the FA directed that any documents pertaining to the unit disciplinary investigations (UDIs) in question be rescinded and removed from the grievor's personnel file, as well as the quashed recorded warning.