# 2020-169 Careers, Initial counselling

Case summary

F&R Date: 2020-12-21

The grievor challenged an Initial counselling (IC) that he had been issued for a conduct deficiency. The grievor contended that he was off-duty and not in uniform at the time of the incident and was therefore not subject to the Code of Service Discipline (CSD). He also argued that it was inappropriate for administrative measures to be issued for conduct outside of the workplace.

The Initial Authority (IA) found that the grievor was subject to the CSD at all times, whether in uniform or not. The IA also found that the conduct, some of which the grievor had admitted, was inappropriate and required correction through the issuance of an IC.

The Committee found that as a Class “B” reservist, the grievor was subject to the CSD pursuant to section 60 of the National Defence Act. The Committee also found that Canadian Armed Forces members are expected to maintain good conduct both on and off duty and are subject to disciplinary or administrative measures if they fail to do so. The Committee found that the IC was warranted but that there was insufficient evidence to support one of the allegations contained within it. Consequently, the Committe recommended that the IC be rewritten to remove reference to the unsupported allegation.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA), agreed with the Committee's findings that the IC was appropriate and policy compliant but that there was insufficient evidence to support one allegation. She replaced the IC with a rewritten IC.