# 2011-097 Careers, Counselling and Probation (C&P), Recorded Warning

Case Summary

F&R Date: 2011–11–25

In July 2009, the grievor, a member of the Regular Force, received a Recorded Warning (RW) for performance deficiency. The faults ascribed to the grievor were: failing to use available checklists during exercises, thereby making his orders difficult to understand; confusing his role as platoon commander (comd) with that of platoon 2i/c; and failing to assimilate the guiding principles of the chain of command.

In September 2009, the grievor transferred to the Reserve Force and immediately assumed a class C posting. One month after being posted, the grievor was issued a Counselling and Probation (C&P) for performance deficiency. The grievor was reprimanded for showing an inability on several occasions to comply with issued directives.

In March 2010, the grievor filed a grievance contesting the C&P and alleging that he had failed to receive a Personnel Development Review (PDR) on his arrival and had failed to receive a follow-up during the C&P monitoring period. He also questioned whether the superior who had issued the C&P possessed the authority to do so under current policy.

No decision was made by the Initial Authority since the grievor turned down the IA’s request to extend the deadline.

The Board concluded that the senior officer who had issued the C&P had the requisite authority to issue such a corrective measure.

The Board also concluded that the grievor was not sent a Notice of Intent to issue a C&P nor was he given a reasonable timeframe to submit representations, two procedures that, pursuant to the Defence Administrative Orders and Directives (DAOD) 5019-4, Corrective Measures, must be observed when issuing a C&P. The Board therefore concluded that the C&P should be cancelled.

Finally, the Board concluded that the deficiencies for which the grievor had been criticized in the RW and the C&P were not the same and that, in consequence, an Initial Counselling (IC) should be issued in place of the C&P.

The Board recommended that the Chief of the Defence Staff (CDS) partially uphold the grievance.

The Board recommended that the CDS order that an IC be issued in place of the C&P for breaching a standard of conduct.

CDS Decision Summary

CDS Decision Date: 2012–02–10

The FA concurs with the Board in its partial upholding of the grievance by setting aside the counselling and probation. However, he does not concur with the Board that an initial counselling would have been appropriate in the circumstances, citing examples demonstrating that the grievor had previously been counselled concerning his behaviour. Accordingly, the FA has determined that a recorded warning was the minimum corrective measure that should have been imposed on the grievor in the circumstances.