# 2019-140 Careers, Personnel Development Review, Recorded warning, Remedial measures

Case summary

F&R Date: 2020-04-17

The grievor challenged a recorded warning (RW) issued to her for a conduct deficiency described as contravening article 19.14 of the Queen's Regulations and Orders for the Canadian Forces, Improper Comments, as well as a contemporaneous Personnel Development Report (PDR) stating that she had demonstrated “a flagrant lack of loyalty and integrity.” The grievor had accidentally sent several e-mails to her immediate supervisor that were deemed contemptuous of her chain of command and had criticized a superior officer's management abilities.

The Initial Authority found that the RW was the appropriate remedial measure in the circumstances and denied redress.

The Committee found that two out of the three e-mails in question and the grievor's criticism of the superior officer established, on a balance of probabilities, that she had demonstrated a conduct deficiency in accordance with Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures. However, it found that the grievor's entire period of service, past performance assessments and lack of any previous deficiency substantially related to the current deficiency indicated that an initial counselling (IC) was a more appropriate remedial measure in the circumstances, in accordance with paragraph 4.5 of the DAOD.

With respect to the PDR, the Committee found that the “flagrant lack of loyalty and integrity” comment was unnecessarily inflammatory and unwarranted but noted that it would soon be removed from the grievor's personnel records in accordance with the mandated retention period.

Accordingly, the Committee recommended that the Final Authority (FA) replace the RW with an IC.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's recommendation to uphold the grievance and replace the RW with an IC. Looking at DAOD 5019-4, Remedial Measures, the FA emphasized that "one factor that must be considered in selecting a remedial measure is the overall character of the member's service". The FA found that an IC was the appropriate remedial measure to address the deficiency and directed that the RW be replaced with an IC. The FA also directed that the grievor's Performance Evaluation Report referring to the RW be replaced with another Personnel Evaluation Report and noted that the disputed PDR should have already been removed from the grievor's file given the passage of time.