Procedural fairness and Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures

Topic

Procedural fairness and Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures

Case number

• 2018-038 (F&R date: 2019-05-21)

Issue

Even though the Final Authority (FA) agreed with the Committee about the importance of applying procedural fairness to Initial Counsellings (ICs) and recorded warnings (RWs), the Committee continues to receive grievances that demonstrate deficiencies in procedural fairness related to ICs and RWs.  Consequently, an amendment to DAOD 5019-4 is required to specify that procedural fairness must also be afforded when issuing an IC or a RW, even if the steps to do so are not as stringent as is the case for Counselling and Probation.

Recommendation

The Committee recommended that the FA order that DAOD 5019-4, Remedial Measures, be modified to include the duty to ensure procedural fairness when imposing any remedial measure. 

Final Authority Decision

The Chief of Defense Staff accepted the Committee's systemic recommendation and ordered the Chief of Military Personnel to ensure that DAOD 5019-4 is amended to include a provision stating that states procedural fairness must be afforded when imposing any remedial measure.  In the meantime, he also ordered that a Canadian Forces General message be issued.