# 2019-135 Careers, Repatriation

Case summary

F&R Date: 2020-09-11

The grievor disputed a Personnel Evaluation Report (PER), a recorded warning (RW) and his repatriation while serving as part of a deployed Operation. He argued that his chain of command (CoC) managed him improperly and acted inappropriately by fabricating and controlling information. He sought reimbursement of his lost allowances on the basis of his medical status.

The Initial Authority (IA), the Commander of Canadian Joint Operations Command, found that the PER was not a fair and accurate assessment of the grievor's contribution and impact while in theatre and provided a replacement PER. However, the IA did not address the other issues. The grievor accepted the IA's resolution of the PER issue but sought further redress for the two remaining issues from the Final Authority (FA).

The Committee found that the grievor's actions in theatre were sufficiently serious to cause his supervisor to lose confidence in his ability to operate effectively and that the grievor's repatriation and RW were justified. The Committee noted that the grievor sought treatment for minor medical concerns while in theatre and that his subsequent diagnosed medical condition was not apparent to, or brought to the attention of, medical staff while in theatre. The Committee found that there was no evidence to support the grievor’s contention that his actions in theatre were caused by his condition or that his CoC should have taken his medical condition into consideration. The Committee recommended that the FA not afford redress.

FA decision summary

The Chief of the Defence Staff, acting as FA, agreed with the Committee's findings and the recommendation not to afford redress.