# 2019-249 Careers, Recorded warning, Remedial measures

Case summary

F&R Date: 2020-10-28

The grievor contested a recorded warning (RW) issued to him for allegedly behaving in a contemptuous and insubordinate manner towards multi-national colleagues during an out of Canada deployment.

The Initial Authority found that a unit disciplinary investigation (UDI) provided reliable evidence for a remedial measure and denied redress.

As no copy of the UDI was included in the grievance file, the Committee attempted to obtain it from several persons involved in the purported investigation. However, none of the involved persons could locate documentation of the UDI nor even recall the investigation in any detail. The Committee also noted that the grievor had attempted to obtain documentation of the UDI through a Privacy Act request but had not yet received a response.

Without the UDI, the Committee was obligated to assess the contradictory evidence of the grievor and his chain of command, and the witnesses of each, to determine which version was more credible. After careful consideration, the Committee preferred the grievor's highly detailed and independently corroborated evidence to the vague and biased evidence of his former chain of command. Accordingly, the Committee found there was no reliable evidence for the RW as required by Defence Administrative Order and Directive 5019-4, Remedial Measures.

The Committee recommended that the Final Authority (FA) afford the grievor redress by rescinding the RW and removing all references to it from his personnel records.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation that the RW be rescinded and removed from the grievor's personnel records.