# 2021-136 Pay and Benefits, Remedial Measures

Case summary

F&R Date: 2021-10-25

The grievor was issued a Counselling and Probation (C&P) remedial measure (RM) for a conduct deficiency. The grievor argued that he did not receive adequate disclosure of a Military Police (MP) report that he believed the C&P was based on, that the C&P did not identify an expected standard of conduct, and that there was not an appropriate progression of remedial measures.

The Initial Authority (IA) found that the C&P was based on a Serious Incident Report (SIR) which was disclosed to the grievor as part of the Notice of Intent to initiate the C&P and it was therefore irrelevant that the MP report was not disclosed. The IA stated that the grievor has a knowledge of applicable standards through courses he has attended including Harassment, Ethics and Operation HONOUR related training. The IA stated that given the nature of the conduct, the Commanding Officer was within policy guidelines to progress directly to a C&P. The IA concluded that on a balance of probabilities, the grievor displayed a deficiency contrary to the expected standard of conduct of a Canadian Armed Forces member.

The Committee found that through the grievance process, the lack of disclosure had now been cured as the grievor had obtained the MP report. The Committee found that the SIR was not reliable evidence upon which to base a C&P. The Committee examined the MP report, and the written statements within, in order to assess the reasonableness of the C&P. The Committee found that the grievor's conduct was a breach of trust in the use of personal information to make inappropriate contact for other than official purposes. The Committee recommended that the C&P be sustained given the nature of the conduct and the grievor previously displaying a similar deficiency, but also recommended re-wording the RM to more accurately reflect the deficiency.

FA decision summary

The Director Canadian Forces Grievance Authority agreed with the Committee's recommendation to partially uphold the grievances and directed that the remedial measures be replaced and rewritten.