# 2019-133 Others, Remedial measures

Case summary

F&R Date: 2020-10-14

The grievor challenged the administration of a unit disciplinary investigation (UDI) that led to a subsequent initial counselling (IC). As redress, he requested various members of his chain of command be held accountable for their roles in the UDI and IC administration processes.

The Initial Authority (IA) found that while the IC had since been rescinded, the grievor's annual Personnel Evaluation Report (PER) may have been unduly affected by the UDI and rescinded IC. The IA therefore directed the grievor's chain of command to re-draft the PER and re-issue it to the grievor.

The Committee found that neither the UDI nor the IC had been conducted in accordance with procedural fairness principles and that the grievor's professional reputation had suffered accordingly. The Committee noted with concern that although it had asked the grievor's chain of command to confirm if the IC was, in fact, removed from the grievor's file and if his PER was re-written as ordered, the chain of command did not respond to the Committee's enquiries.

The Committee recommended that the Final Authority (FA) confirm that the IC had been rescinded and that the PER had been re-written. It also recommended that the FA acknowledge that the grievor's chain of command did not fulfil its leadership obligations toward him.

Regarding the grievor's request that his chain of command be held accountable for their roles in the UDI and IC administration processes, the Committee found that the request was not an appropriate redress in the grievance process.

FA decision summary

The FA, the Acting Chief of the Defence Staff, agreed with the Committee's recommendation that the grievor be granted some of the redress requested. The FA acknowledged that the grievor had not been afforded procedural fairness in the issuance of the rescinded remedial measure at issue and directed that the remedial measure and associated unit disciplinary investigation be removed from personnel and unit records. The FA issued a replacement Personnel Evaluation Report based on the Personnel Development Review that preceded the flawed investigation and remedial measure.