# 2020-031 Careers, Career action, Counselling and probation

Case summary

F&R Date: 2021-10-22

In two grievances the Committee consolidated into one, the grievor challenged a counselling and probation (C&P) issued to him for allegedly consuming alcohol and conducting himself in an unacceptable manner at a social event; and for his removal from command for the same reason. The grievor contended that his conduct resulted from a mental breakdown and not alcohol consumption. As redress, he requested that the C&P and his removal from command be quashed and that all references to them be removed from his personnel records. 

The Initial Authority found that the C&P and removal from command were reasonable, justified and issued in accordance with policy.

The Committee carefully examined the circumstances leading to the grievor's C&P and removal from command by consulting the  Defence Administrative Order and Directive 5019-4 - Remedial Measures and Canadian Army Order 11-94 - Removal or Relinquishment of Command or Senior/Key Positions within the Canadian Army. The Committee found that the grievor's conduct during the incident in question warranted a remedial measure, but that the most appropriate remedial measure in the circumstances was a recorded warning (RW). The Committee also found that the grievor's failure to notify his chain of command of a medical condition that could affect his ability to lead his subordinates was a serious error in judgement that warranted his removal from command.

The Committee recommended that the Final Authority (FA) direct the C&P issued to the grievor be replaced with an RW, and that the FA not afford the grievor redress with respect to his removal from command. 

FA decision summary

The Commander Canadian Army, acting as Final Authority, agreed with the Committee's findings and recommendation to replace the Counselling and probation by a Recorded Warning, and not to afford redress regarding the removal from command.