# 2021-104 Careers, Removal from military duties

Case summary

F&R Date: 2022-06-14

The grievor disputed being relieved of military duties, arguing that the decision was a premature reaction to civilian legal issues and that alternative working arrangements could have been implemented until civilian criminal proceeding had concluded. The grievor sought limited Class A employment working from home or at the unit on training or administrative duties. The Initial Authority denied the grievance due to its submission beyond the three-month time limit but commented that it was prudent to maintain the grievor's relief of duties.

The Committee considered that the grievor had been granted a great deal of leniency before the decision was made to relieve him of his military duties. The Committee found that the circumstances of the grievor's civilian legal troubles were such that there was risk of damage to the integrity of the unit and the Canadian Armed Forces should the grievor continue to be employed by the unit. The Committee found that until the grievor was cleared of the criminal charges, there remained a necessity to separate them from the unit. The Committee assessed that there was no opportunity to gainfully employ the grievor, either from home or at the unit, without significant risk to the reputation, morale and effectiveness of the unit. The Committee recommended that redress not be granted.

FA decision summary

The Chief Professional Conduct and Culture, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.