# 2014-051 - Harassment, Personnel Evaluation Report (PER), Remedial Measures

Case Summary

F&R Date: 2014–10–30

The grievor, a Non-Commissioned Member (NCM) was placed in a supervisory position at a time when a major change was being simultaneously developed and implemented into the workplace. The changes included different chains of command (CoC) for operations and for administration, with which the grievor had concerns.

The grievor submitted a harassment complaint against two members of her CoC and argued that it was mishandled resulting in a negative effect on her Personnel Evaluation Report (PER). She also received an Initial Counselling (IC) for conduct for disrespectful and abusive behavior towards the CoC and higher ranked personnel.

The Initial Authority (IA) granted partial redress and directed several increases to the Performance Assessment Factors. The IA acknowledged the improper delivery of the IC but, since there was no copy on the grievor's personnel file, deemed the issue closed. The IA also found that the harassment complaint had been handled in good faith in accordance with policy but that the Letter of Closure should have contained explanations as to why the complaint did not meet the definition of harassment.

Noting that no record had been kept of the Situational Assessment (SA), the Committee performed its own. The Committee reviewed the complaint in view of the policy and additional guidance from the Treasury Board policy and found that the three allegations did not meet the definition of harassment.

The Committee found that the IC was issued in an inappropriate and vindictive manner which seemed to have been a very humiliating experience for the grievor as she was escorted by a NCM who was present when the IC was read to her. Notwithstanding the manner of delivery, the Committee found that the grievor's conduct was such that an IC was warranted.

The Committee reviewed the grievor's PER, the IA's analysis, and the evidence on the grievance file and agreed with the IA's rationale and the changes directed. The Committee found no evidence to support any further changes.

The Committee recommended that the IA's decision regarding the grievor's PER scores and narrative be implemented.

The Committee recommended that the officer and the NCM who escorted the grievor be advised that the manner of delivery of the IC by the officer was inappropriate, that it could be considered as harassment.

The Committee recommended that a copy of the IC be placed on the grievor's personnel file.

CDS Decision Summary

CDS Decision Date: 2014–12–17

Case withdrawn at Final Authority Level.