# 2020-172 Careers, Initial Counselling

Case summary

F&R Date: 2020-08-24

In the course of an altercation at the local mess, the grievor threatened another Canadian Armed Forces member (the “complainant”). The grievor was asked to leave the mess and complied. After a preliminary investigation, the Military Police arrested the grievor for “quarrels and disturbances” and “drunkenness.” The grievor was later released without charges. However, following a unit disciplinary investigation, the grievor received an Initial Counselling (IC). The grievor submitted a grievance in relation to the IC.

The Initial Authority (IA) noted that the IC identified two conduct deficiencies: utterance of threats and alleged public intoxication. The IA concluded that:

1. these were both conduct deficiencies involving alcohol, as described in Defence Administrative Orders and Directives 5019-7, Alcohol Misconduct; and
2. the IC had been administered in accordance with policy.

The Committee found that the grievor was intoxicated when he threatened the complainant. This constituted a conduct deficiency involving alcohol. The Committee noted that the IC, which was the least severe form of remedial measure available, was appropriate in the circumstances and found that the IC was properly administered. The Committee found no breach of procedural fairness, but found that even if one had occurred, it would have been corrected by the grievance process. The Committee recommended that no redress be afforded to the grievor.

FA Decision Summary

The Final Authority, the Director Canadian Forces Grievance Authority, agreed with the Committee's findings and recommendation not to afford the grievor redress.