# 2024-160 Careers, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2025-07-21

The grievor, who had been returned to his unit from training for administrative reasons, alleged that he was unfairly denied the opportunity by the Commandant (Cmdt) of the training establishment to be assessed on a Performance Objective (PO) during a brigade-level exercise, thereby preventing him from submitting a Prior Learning Assessment Recognition to obtain the qualification. The grievor requested that a formal evaluation form be completed based on the parties' recollection of his performance during the exercise, during which he had been informally assessed. 

The Initial Authority (IA), found that the Cmdt did not prevent the grievor from being assessed; in fact, the Cmdt supported the request but the unavailability of a qualified instructor during the brigade exercise prevented the grievor's assessment against course standards. The IA explained that even if the grievor had been successful, he would not be granted the course qualification as he had not successfully completed another PO. The IA denied redress.

The Committee determined that, as a qualified instructor was not available during the exercise, it was not possible to conduct a formal evaluation of the grievor's performance. Furthermore, the decision not to conduct a formal evaluation was based on resource-driven considerations. Accordingly, the Committee found that the decision not to conduct a formal evaluation at that time was reasonable, particularly when it would not result in the qualification being granted until the issue related to the other PO was resolved. Therefore, the Committee determined that the grievor had not been aggrieved. Nevertheless, as the issues surrounding the other PO had since been settled, the Committee recommended that, if not already done, the grievor be given an opportunity to be formally assessed at the earliest opportunity.