# 2019-124 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2020-02-25

The grievor was issued an initial counselling (IC) for a conduct deficiency of failing to meet the conduct standards expected of a Corporal. She argued that she was not confrontational nor disrespectful to her Chain of Command when she exited a training course upon learning of a family emergency.

The Initial Authority found that the IC was justified because the grievor's supervisor informed the initiating authority of past behavioural issues and that that he was “bewildered” by the grievor's outburst in class.

The Committee concluded that the grievor had not been afforded procedural fairness as the initiating authority had already made up his mind to issue a remedial measure before confirming all of the facts. After conducting a de novo review of the grievance, the Committee concluded that, based on witness statements from her instructor and her supervisor, the grievor was not confrontational nor disrespectful. Therefore, the Committee found that the remedial measure was not justified and recommended that it be removed from the grievor's file.

FA decision summary

The Director Canadian Forces Grievance Authority, as Final Authority (FA), agreed with the Committee's recommendation to uphold the grievance. The FA found that there was no evidence that the grievor's conduct breached the standard expected, finding that her reaction was in line with that of a concerned parent who had to urgently remove herself from work after receiving a call from the daycare. The FA found that the incident was exceptional and not indicative of a common workplace occurrence. The FA found that the issuance of an IC was excessive and directed that it be removed from her file.