# 2019-260 Careers, Recorded warning, Remedial measures

Case summary

F&R Date: 2020-12-04

The grievor challenged a recorded warning (RW) he was issued for a performance deficiency described as failing to properly lead his subordinates.

The Initial Authority found that the decision to issue the grievor the RW was reasonable and denied redress.

The Committee carefully considered the contradictory evidence provided by the grievor and his commanding officer (CO) about the purported incident that led to the RW. It preferred the grievor's fully corroborated account of the event to the CO's subjective and uncorroborated evidence and her evasive responses to the Committee's enquiries. Accordingly, the Committee found that there was insufficient evidence to establish, on a balance of probabilities, that the grievor had breached an applicable standard of performance.

The Committee also found that the RW did not provide sufficient detail of the grievor's purported deficiency to enable meaningful review; that the action plan to correct his performance was nebulous and not relevant to the alleged deficiency; and that the initiating authority failed to consider the grievor's entire period of service in selecting the most appropriate remedial measure.

For all these reasons, the Committee found that the RW was unwarranted and did not comply with Defence Administrative Order and Directive 5019-4, Remedial Measures. It recommended that the Final Authority (FA) rescind the RW and remove all references to it from the grievor's personnel records. It also recommended that the FA ensure that the grievor's reputation and career are not negatively impacted by the unjustified RW.

FA decision summary

The FA, the Acting Commander Canadian Army, agreed with the Committee's findings and recommendation to afford the grievor redress. The FA determined that the removal of the RW from the grievor's file and the amendments to his 2018/2019 Performance Evaluation Report sufficiently mitigated possible harm to his career.