# 2022-049 Others, Grievable Issue Under the National Defence Act

Case summary

F&R Date: 2023-03-21

The grievor grieved that the performance of a Course Officer (Course O) impacted the tasks the grievor had to complete. Thus, the grievor submitted that the Course O failed to live up to the philosophy, values, ethics, and ethos of the Canadian Armed Forces (CAF). As redress, the grievor sought an investigation and prevention measures.

The Initial Authority, the grievor's Commanding Officer, rejected the grievance on the grounds that the grievor was not personally aggrieved and, therefore, did not meet the requirements of article 7.01 of the Queen's Regulations and Orders for the Canadian Forces. 

As a preliminary issue, the Committee considered whether the grievance constituted a decision, act or omission in the administration of the CAF as per subsection 29(1) of the National Defence Act (NDA). The Committee did not agree that it was a grievable matter, as the grievance process is not a mechanism to complain about the competence or performance of other CAF members. However, as per subsection 29.12(1) of the NDA, the Committee examined the merits of the grievance since it was referred to the Committee for review. 

The Committee concluded that the grievor was given a lawful command from his Chain of Command to complete the tasks and that the command was for him to carry out. Therefore, the Committee found that the grievor was not aggrieved by the Course O's actions or inactions and recommended that the Final Authority deny redress.