# 2020-026 Careers, Counselling and probation, Harassment

Case summary

F&R Date: 2021-03-11

The grievor argued that the counselling and probation (C&P) he received for a performance deficiency was based on a questionable harassment investigation. The grievor indicated that the C&P also relied on previous recorded warnings (RW) issued in the past for his conduct and not his performance. As redress, the grievor requested that the C&P be expunged from his record and that his Personnel Evaluation Report be rewritten without the C&P.

The Commanding Officer, Naval Personnel Training Group, as the Initial Authority, found that the initiation of the C&P was appropriate and did not afford the grievor redress. 

The Committee found that the C&P did not meet the requirements of Defence Administrative Orders and Directives 5019-4, Remedial Measures, and should be quashed. 

The Committee found that the harassment investigation provided reliable evidence that the grievor demonstrated a conduct deficiency by breaching the Department of National Defence and Canadian Forces Code of Values and Ethics. The Committee also found that the grievor's conduct deficiency was of a sufficient severity that it warranted a remedial measure and that a RW for a conduct deficiency was the most appropriate action in the circumstances. 

The Committee recommended that the Final Authority (FA) afford the grievor redress by directing that the performance C&P be quashed and all references to it be removed from the grievor's personnel documents. The Committee further recommended that the FA issue the grievor a RW for a conduct deficiency and that the grievor be provided with training and mentoring, as required, to overcome the deficiency.