# 2020-135 Careers, Removal from military duties

Case summary

F&R Date: 2021-10-28

The grievor argued that he was not given an opportunity to resolve allegations against him and his unit and should have been reinstated after the first of several investigations cleared him of wrongdoing. As redress, he sought an apology and financial compensation.

The Initial Authority (IA), the Commander of the Canadian Army, denied redress. The IA explained that the allegations made against the grievor were serious and obligated the grievor's chain of command to remove him from command.  While extending the one-month temporary removal period deviated from the Canadian Army Order (CAO) 11-94, Removal or Relinquishment from Command or Senior/Key Positions within the Canadian Army, the IA stated that it was reasonable given the number of investigations that needed to be concluded before any reinstatement decision could be made. 

The Committee found that CAO 11-94 did not contemplate situations where multiple and wide-ranging investigations require more than one month. The Committee concluded that it was necessary to extend the temporary removal (even though the grievor had been released from the Canadian Armed Forces) to allow the appropriate authorities to complete the investigations and render an informed decision regarding reinstatement. The Committee concluded that the decision to temporarily remove the grievor from command was justified.

The Committee recommended that the Final Authority not afford redress.  

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.