# 2021-290 Careers, Counselling and Probation

Case summary

F&R Date: 2023-05-08

The grievor asserted that a counselling and probation (C&P) issued to him for allegedly breaching a previous Recorded Warning was unjustified and constituted a punitive measure for withdrawing his request for a voluntary release. The grievor also contended that an alleged breach of the C&P was unjustified. Finally, the grievor disputed the outcome of a harassment complaint he had submitted.  

The Wing Commander, acting as the Initial Authority (IA) for the C&P issues, found that the C&P was justified, issued in accordance with policy, and that it was not connected to the grievor's withdrawal of his request for a voluntary release. The IA also found that the grievor had subsequently breached his C&P. The harassment complaint grievance was rejected by the IA because it had been submitted beyond the required three-month time limit.

The Committee found that the C&P was not justified by reliable evidence of a conduct deficiency by the grievor. The Committee also found no reliable evidence of a subsequent breach of the C&P by the grievor. Finally, the Committee found that the investigation into the grievor's harassment complaint was flawed, and that two of the grievor's three allegations, prima facie, met the criteria for harassment and therefore warranted investigation.

The Committee recommended that the Final Authority afford redress by quashing the C&P and removing all record of it from the grievor's personal file, and by reviewing all subsequent administrative actions taken by the Canadian Armed Forces against the grievor stemming from the C&P. Given the amount of time which had passed, the Committee did not recommend re-opening the investigation into the harassment complaint. 

FA decision summary

The Chief of Staff, Chief Professional Conduct and Culture, acting as the Final Authority, agreed with the Committee's findings and the recommendations to quash the measure and remove all record of it from the grievor's file, as well as to treat the harassment complaint as having become moot in light of the passage of time and the fact that the grievor had been released from the CAF. The FA forwarded the decision letter to Director Military Careers Administration for reconsideration of the release item assigned to the grievor.