# 2023-027 Careers, Administrative Action

Case summary

F&R Date: 2024-10-18

The grievor disputed both the outcome and the handling of an Assistant Deputy Minister (Review Services) (ADM (RS)) investigation into a disclosure of wrongdoing. The grievor stated that he was never advised of the allegations against him following a mismanaged investigation process that occurred years after the disclosure of wrongdoing, and which violated the principles of natural justice and procedural fairness. The grievor also contested ADM Human Resources – Civilians (ADM(HR-Civ) decision to suspend his Staffing Sub-delegation authorities and require him to complete training to reinstate it. As redress, the grievor requested an apology, removal of all documentation containing accusations against him for wrongdoing, or disclosure of the allegations made against him and an opportunity to make representations.

There was no Initial Authority decision for this grievance given that it related to direction given, on the advice of the ADM(HR-Civ), by the Deputy Minister who is at equivalent level to the Chief of Defence Staff. While such circumstances are not provided for the Queen's Regulations and Orders for the Canadian Forces, as such, the principles of Article 7.13(c) applied.

The Committee found that there was a gross breach of the grievor's procedural fairness rights and that the grievor was aggrieved by ADM(HR-Civ)'s actions. The Committee recommended that the Final Authority formally acknowledge that no finding of wrongdoing was made against the grievor pursuant to the ADM (RS) investigation, and that all documentation relating to administrative actions taken against the grievor be removed from his personnel records.