# 2019-291 Careers, Cease-Training, Course Failure, Progress Review Board

Case summary

F&R Date: 2021-03-10

The grievor challenged the decision to terminate his qualification training and oblige him to retake the same training after having failed the performance review and the subsequent re-write. During the performance check, his English grammar level was assessed. The grievor did not meet the required level and, as a result, failed the performance check. He was given the opportunity to take the test over, but the grievor failed it again. The grievor maintains that the qualification training was not an English course and, as such, requests being granted successful achievement of the qualification as redress.  

The Initial Authority (IA) found that students had been provided with the evaluation criteria at the start of the course, which included the assessment of grammar and spelling. The IA concluded that the grievor was treated fairly and did not afford redress.

The Committee found that the grievor, not having fully met the requirements as per the qualification standard, justifiably failed his performance check. The Committee also found that the decision to terminate his training and compel him to retake it was not only justified but also consistent with the established Training Plan.

The Committee recommended that the Final Authority (FA) not afford redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as the FA, agreed with the Committee's findings and recommendation. He noted that the grievor had been provided with supplementary homework, test-taking strategies, and mentoring to prepare him for each re-test. He confirmed that accurate spelling and grammar were essential for commissioned officers and therefore were valid evaluation criteria. He also stated that the Canadian Armed Forces (CAF) have neither the mandate nor the resources to assist allophone members with challenges in their first official language, and that the grievor's unit had nonetheless provided him with English language training. He found that the grievor had received language support beyond that normally available to CAF members and that the decision to re-course him was reasonable.