# 2021-008 Medical and Dental Care, Medical Employment Limitation

Case summary

F&R Date: 2022-01-19

The grievor received a medical disposition note (MDN) indicating that he was not fit to attend a course, which he provided to his chain of command (CoC). His CoC then directed the grievor to attend the course, within his additional medical employment limitations (MEL). The grievor contended that this direction was in contravention of his MEL, and requested an investigation into any breaches of policy, and an apology. Ultimately, the grievor did not attend the course due to unrelated events. The Initial Authority found that there was no decision, act or omission to be grieved, and rejected the grievance on the grounds that it was not in the interests of justice to consider it.

The Committee concluded that, since the CoC made the decision to employ the grievor on the course, there was indeed a grievable decision in the matter. The Committee found that, despite the MDN issued to the grievor being ambiguous, his CoC should have sought clarification from Canadian Forces Health Services before directing the grievor to attend the course, and their failure to do so aggrieved the grievor. However, the Committee also found that, since the grievor did not attend the course for unrelated reasons, no redress or remedy was in order.

FA decision summary

The FA agreed with the Committee's findings and recommendation.