# 2019-141 Releases, Class B Reserve Service, Harassment

Case summary

F&R Date: 2020-05-25

The grievor contested the early termination of his period of Class "B" Reserve Service, which he claimed was in retaliation for a harassment complaint he had submitted against his immediate supervisor. As redress, he requested the opportunity to complete the service as well as compensation for emotional and financial damages. There was no Initial Authority decision.

The Committee analysed documentary evidence from the grievor's employing unit related to the decision to eliminate his position. It found that the decision was based on legitimate operational reasons; that it pre-dated the grievor's complaint against his immediate supervisor; and that the supervisor had no input into it.

Citing Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04, Administrative Policy of Class “A,” Class “B” and Class “C” Reserve Service, the Committee noted that Class “B” service may be terminated by an employing unit “if there is no longer a requirement for service” upon 30 days' written notice. In the grievor's case, the documentary evidence demonstrated that there was no longer a requirement for his service and that he received the required notification in accordance with the policy.

With respect to the grievor's purported financial losses, the Committee also found that CF Mil Pers Instr 20/04 does not guarantee Reserve Force employment; but in any case, it noted that the grievor had commenced another period of Class “B” Reserve Service shortly afterwards.

Accordingly, the Committee found that the grievor was not aggrieved and recommended that the Final Authority not afford redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's finding that the grievor had not been aggrieved and declined to grant the redress sought. The CDS noted that the Initial Authority had failed to provide disclosure of relevant information, or a decision letter in respect of the grievance. The CDS considered this to have been a breach of procedural fairness but found that the breach had been remedied by the Committee's disclosure and the CDS' subsequent de novo review. The CDS found that the early termination of the grievor's Class “B” Reserve Service was legitimate and conducted in accordance with policy.

However, the CDS also noted that after the Committee had released its findings and recommendations, the grievor raised allegations of racial discrimination he experienced during his period of Class “B” Reserve Service. The CDS stated that the grievor's allegations are serious and demand appropriate action be taken in accordance with applicable policy. The CDS strongly encouraged the grievor to contact the Conflict and Complaint Management Service Centre for assistance in addressing those allegations.