# 2019-068 Careers, Initial Counselling, Recorded Warning

Case summary

F&R Date: 2020-01-30

The grievor contested two Initial Counselling (ICs) he received for performance and conduct deficiencies, as well as a Recorded Warning (RW) for a performance deficiency.

The Initial Authority (IA) found that the conduct IC was not established on a balance of probabilities and directed that it be quashed. The IA found that the performance IC had insufficient detail to allow monitoring and a meaningful review in accordance with Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures. However, the IA found that a performance deficiency was established and directed that the performance IC be re-drafted.

The Committee found that the conduct IC, performance IC and the performance RW were not justified and they were not drafted or implemented in accordance with DAOD 5019-4.

The Committee recommended that the conduct and performance ICs and the performance RW be quashed and all references to them be removed from the grievor's personnel documents.

FA decision summary

The FA, Director Canadian Forces Grievance Authority, agreed with the Committee's finding that the grievor had been aggrieved, and with its recommendation that the remedial measures (RM) be quashed. The FA directed that all references to the RM be removed from the grievor's personnel records. The FA concluded that additional forms of relief sought by the grievor were inappropriate or unavailable in the circumstances, and declined to grant them.