# 2021-047 Careers, Recorded Warning, Remedial Measures

Case Summary

F&R Date: 2021-03-22

The grievor argued that the two Recorded Warnings (RW) he received for performance deficiencies were incomplete and, thus, invalid. The grievor stated that the initial progress briefings for both RWs were administered incorrectly and no subsequent progress briefing sessions occurred. The grievor also indicated that a final written summary must be provided separately for each RW. As redress, the grievor requested that both RWs be removed from his personnel record.

The Initial Authority (IA) found that a written summary was placed in the grievor's file and, while each deficiency was to be dealt with separately, the written summary was not invalid because it included both RWs. The IA acknowledged that the grievor's Chain of Command had not properly conducted the monitoring periods nor documented progress briefings. The IA noted that serious consideration was given to quashing the RWs due to the mishandling of the remedial measures. However, the IA concluded that there were performance deficiencies that needed to be addressed. The IA did not afford redress.

The Committee found that the grievor's two RWs were not administered in accordance with Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures. The Committee also found that the failure of the grievor's Chain of Command to administer the RWs properly did not invalidate them considering the intent of the remedial measures, as per paragraph 3.6 of DAOD 5019-4, was met. 

The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA Decision Summary

The FA agreed with the Committee's findings and recommendation. However, the grievor, while not contesting the observed performance deficiencies, had alleged that the remedial measures were issued in retaliation for his unwillingness to participate in fraud. The Committee had noted that this allegation should be reported to the Military Police for investigation. The FA held that the grievor, IA staff and the IA had an obligation to report the allegation and had fallen short in their duty to report. The FA directed the IA, Commander of 3rd Canadian Division Support Group, to report the allegation.