# 2012-151 Careers, Initial Counselling (IC), Remedial Measures, Reserve Force

Case Summary

F&R Date: 2013–02–25

The grievor's request to attend and participate in a ceremony in France with his primary reserve unit was denied by his employing unit. Further, the grievor was issued an initial counselling for making changes to his flight arrangements without first having received the unit's approval to attend the event. The initial counselling also indicated that he was working on his primary reserve unit duties during his normal work hours at his employing unit. The grievor sought the removal of the initial counselling as well as reimbursement of costs he claimed he incurred as a result of the last minute denial of his request.

The Initial Authority denied the grievance, finding that the initial counselling identified the grievor's deficiency as being his inability to manage his leave and workload and his inability to follow direction from the chain of command. The Initial Authority also stated that the grievor had been given all of the leave that he requested, however his temporary duty had been denied by the Commanding Officer who was appropriately exercising his authority.

The Board acknowledged that the employing unit Commanding Officer was disappointed by the lax manner in which the matter was handled by all involved but the Board felt that the grievor was unfairly blamed for being primarily responsible. Notwithstanding, the Board agreed that it was within the Commanding Officer's authority to deny the grievor's request to attend and participate at the ceremony.

Regarding the initial counselling, the two issues described therein included the grievor using his own funds to book personal trips prior to receiving the authority to be away from work as well as the grievor inappropriately doing tasks for his primary reserve unit while working at his employing unit. The Board agreed with the grievor that the chain of command is not empowered to direct the grievor's personal affairs; the grievor accepts any risk associated with the personal financial commitments that he makes. In examining the second issue, the Board reviewed the grievor's personnel evaluation reports which described the grievor as being very effective in managing his workload and commended the grievor for his work with his primary reserve unit in the potential assessment of the report. The Board concluded that the initial counselling was not warranted.

Finally, the Board found that the grievor was not entitled to reimbursement of the costs associated with the changes to his flights since he was not approved for temporary duty or leave at the time he incurred these expenses.

CDS Decision Summary

CDS Decision Date: 2013–08–16

The FA agreed with the Board's findings and recommendation that the grievance be partially upheld. The FA agreed that the IC was not warranted and is to be rescinded, but the grievor's request for reimbursement of the costs associated with the cancellation of his trip was not supported. The FA agreed that the chain of command authority was limited to approving or denying the grievor's request for leave, not the travel commitments. The FA added that the miscommunication between the grievor's COs unfortunately led him to being denied the authority to attend the ceremony on temporary duty.