# 2021-190 Careers, Cease-Training, Progress Review Board

Case summary

F&R Date: 2023-03-01

The grievor argued that he did not receive the requisite level of instruction and guidance while on the Legal Officer Qualification Course (LOQC) and that neither the Assessment Instruction, nor the Course Training Plan were properly or reasonably applied. The grievor further argued that following his initial Performance Check (PC) failure, he was not offered remedial instruction, which likely contributed to his failure on the retest for that PC. The grievor found the decision to be re-coursed on a later serial unreasonable, and requested that his promotion be backdated after his successful completion of the LOQC.

The Commander of the Canadian Defence Academy, acting as the Initial Authority (IA), denied the grievor redress. The IA, in consultation with the Training Authority found that the grievor did not have the practical, unit-based On-the-Job-training (OJT) in one area of law. The IA noted that the grievor could have been more proactive in seeking guidance from the course Directing Staff and found that the decision to re-course the grievor was reasonable.

The Committee found that the grievor may have received compromised remedial training, given that a counselling session he received was administered by the incorrect individual. The Committee further found that other factors, including delivery challenges and insufficient OJT experience, all likely contributed to the grievor's training failure.

Given these factors, and the fact that none of them were in the grievor's control, the Committee found that sufficient justification for the grievor's qualification to be backdated to this serial, should he be successful on his next LOQC attempt.