# 2022-279 Careers, Administrative Action, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2024-11-25

The grievor contested his Personnel Evaluation Report (PER), arguing that it contained statements inconsistent with the applicable provisions and that the scores for certain Assessment Factors and Potential Factors did not accurately reflect his achievements during the reporting year. In addition, the grievor contested his temporary removal from command following allegations of misconduct against him, asserting that the administrative measure was not conducted in accordance with policy.

The Initial Authority (IA) found that the grievor was not afforded timely procedural fairness during the removal from command process, and that a Recorded Warning (RW) was improperly administered. In addition, the IA determined that several scores and comments in the grievor's PER merited amendments. The IA offered partial redress and directed appropriate corrective actions.

The Committee found that the evidence substantiated the allegations of misconduct against the grievor and therefore, his temporary removal from command was a justifiable outcome. The Committee also found that a RW would be the most appropriate remedial measure to address the grievor's conduct deficiencies. Regarding the grievor's PER, the Committee agreed that his PER did not provide a fair and accurate depiction of his performance during the entire period. Accordingly, some of the comments and scores warranted amendments. The Committee concluded that although the administration of the matters by the chain of command was not flawless, in that the grievor's removal from command process was not as expeditious as it could have been, it would not recommend any remedy beyond acknowledging those shortcomings.