# 2021-056 Careers, Recorded warning, Remedial measures

Case summary

F&R Date: 2021-03-22

The grievor argued that two recorded warnings (RW) he received for performance deficiencies were incomplete and, thus, invalid. The grievor stated that the initial progress briefing was incorrectly administered for both RWs and no further 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 the grievor's personnel record.

The Initial Authority (IA) found that a written summary was placed on the grievor's file and, while each deficiency is 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 did not properly conduct the monitoring periods or document progress briefings. The IA noted that serious consideration was given to quashing the RWs due to the mishandled administration 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 properly administer the RWs did not invalidate them, as the intent of the remedial measures as per paragraph 3.6 of DAOD 5019-4 was met.

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

FA decision summary

The Director, Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation.