# 2021-172 Careers, Cease-Training, Progress Review Board

Case summary

F&R Date: 2023-02-06

The grievor contended that the Progress Review Board (PRB)'s determination that she did not meet the standard for a Performance Objective while on the Legal Officer Qualification Course (LOQC) occupation training was unjustified. The grievor argued that numerous factors contributed to her training failure, including missing course elements, the lack of procedural fairness and of consideration of her circumstances, and the impediment to future career advancement opportunities. The grievor requested that the PRB decision be reversed, and that she be granted the qualification retroactive to the end of the LOQC serial.

The Commander of the Canadian Defence Academy, acting as the Initial Authority (IA), denied the grievor redress. The IA, in consultation with the training establishment and the Branch Advisor found that promotion to the next rank could not be granted to an officer of a specialist occupation in the Canadian Armed Forces without the promotion itself being based on certified competencies. The IA determined that the grievor could only be granted her qualification upon the successful completion of all the course modules.

The Committee found that the grievor's LOQC serial Training Plan was applied inconsistently and found that the grievor was placed at a disadvantage compared to her peers in other sections, during the administration and instruction of the course elements the grievor failed. The Committee noted that these factors, combined with a lack of specific feedback the grievor received during counselling sessions, likely contributed to her subsequent failure. The Committee agreed with the PRB and the IA that the grievor must demonstrate that she meets the same academic standard as her peers, and in order to receive the qualification, she must successfully complete all LOQC modules.

The Committee recommended that the Final Authority exercise his discretion to adjust the grievor's promotion, such that if the grievor successfully completed her second attempt on the LOQC, her seniority in rank be back-dated to reflect having graduated on her first attempt at the course.