# 2022-212 Careers, COVID-19

Case summary

F&R Date: 2022-212

The grievor disputed an Initial Counselling (IC) he was issued for disrespectful communications regarding the COVID-19 response by his Commanding Officer (CO). He argued that he communicated the concerns of his staff in a respectful manner and he objected to the IC alleging that informing the CO of his team's concerns could be construed as mutiny. As redress, the grievor requested that the IC be quashed and expunged from his personnel records.

The Initial Authority denied redress, concluding that the grievor's insistent and continuous questioning of the CO's decisions was disrespectful and warranted remedial action. 

The Committee noted that the uncertainty surrounding COVID-19 was a significant factor at the time the remedial measure was issued. Within this context, the Committee found no inappropriate language, no frivolous allegations, and no contempt expressed in any of the grievor's communications. Further, regarding the grievor's persistence, the Committee found that the CO made no attempt to counsel the grievor regarding his sense of feeling disrespected prior to issuing the IC. The Committee found that the grievor had been aggrieved, concluding that there was no reliable evidence to establish, on a balance of probabilities, that the grievor's conduct was deficient as outlined in the IC.

The Committee recommended that the IC be quashed, and that all references to it be removed from the grievor's personnel records.