# 2016-060 Careers, Course failure, Discrimination

Case summary

F&R Date: 2017-05-24

The Committee found that the grievor ought to have been cease training (CT) for medical reasons and recommended to remove all negative assessments of her performance after the date of CT from her course report. With regard to her claims of discrimination, the Committee found that the grievor did not provide or point to evidence that would support prima facie discrimination and testimony on file tends to shows that the alleged incidents where not discriminatory. The Committee did not support the grievor's request that she be granted the qualification she was seeing without having to redo the course.

FA decision summary

The Final Authority (FA), the Commander Canadian Army, agreed with the Committee's recommendation that the grievance be denied and that the course report be amended and be translated in French. While recognizing that the training centre did not allow the students to do their exam in French; the FA found that linguistic assistance was offered to the grievor and also found, on a balance of probabilities, that the grievor refused such assistance. Therefore, he found that the grievor's linguistic rights were not infringed.

The FA also found that it was clear that the grievor's medical employment limitations precluded her from fully participating in the exercise which led to a poor and negative performance. He ordered that that the course report be amended as directed above, that all the negative statements made in the report be removed from the course report and that it be completed in the grievor's preferred official language.