# 2021-098 Others, Counselling and Probation, Initial Counselling, Remedial Measures

Case summary

F&R Date: 2023-05-24

The grievor challenged the remedial measures imposed on her: an initial counselling (IC) for a performance deficiency, an IC for a conduct deficiency for behaving with contempt towards a superior officer, the Chief Clerk, belittling him in front of colleagues and inciting them to take notes on him. A counselling and probation (C&P) was also imposed for the same incident. There was no decision from the Initial Authority, but the then commanding officer submitted his observations to the Committee.

The Committee concluded that there was reliable evidence under subsection 4.1 of DAOD 5019-4 establishing that the grievor was experiencing performance difficulties that she had been unable to overcome, despite the support of her chain of command. Given the factors listed in subsection 4.5 of the DAOD, the Committee found that this measure was justified in the circumstances.

With respect to the IC for a conduct deficiency, following the commanding officer's explanations, the Committee found that it should be withdrawn from the grievor's personnel record because a C&P had already been imposed on the grievor for the same incidents. The Committee was of the view that the reliable evidence favoured the imposition of this measure, and it therefore found that it was justified in the circumstances.

FA decision summary

The Chief Professional Conduct and Culture, acting as the FA, agreed with the Committee's findings and recommendation to revoke the initial counselling for a conduct deficiency, because a C&P had been imposed for the same incidents. The FA agreed with the Committee that the reliable evidence favoured the imposition of remedial measures on the grievor, and FA did not grant her redress.