# 2021-015 Careers, Medical Employment Limitation

Case Summary

F&R Date: 2021-06-24

The grievor asserted that the decision by her Commanding Officer (CO) to not allow her to participate in Cognitive Behavioural Therapy - Suicide Prevention (CBT-SP) training, based on her Medical Employment Limitation (MEL), did not reflect the spirit and principles of the Return to Duty (RTD) program. 

The Initial Authority (IA) informed the grievor he did not have an opportunity to review and make a determination on her grievance within the allotted four-month period due to “staffing turnover and pandemic response activities.” The IA further advised the grievor of her right to request the grievance be forwarded to the Final Authority (FA), as per the Queen's Regulations and Orders for the Canadian Forces 7.15(4).

The Committee found the CO’s decision, prohibiting the grievor to attend the training, was reasonable and justified. The Committee stated the CO exercised discretion and responsibility in accordance with Defence Administrative Orders and Directives (DAOD) 5018-4 by ensuring proper implementation of the grievor's RTD program and by respecting the grievor’s MEL.

FA Decision Summary

The Director Canadian Forces Grievance Authority, as FA, agreed with the Committee's recommendation to deny the grievance. The FA noted that the grievor's doctor supported participation in training despite the grievor’s MELs, but explained that the CO remains the responsible authority to determine appropriate activities in full consideration of the grievor’s MELs, as per the DAOD 5018-4. The FA found the CO properly exercised his discretion in denying the grievor's request to attend training.