# 2014-076 - Harassment, Remedial Measures

Harassment, Remedial Measures

Case Summary

F&R Date: 2014–09–25

The grievor, the respondent in a harassment complaint, filed a grievance challenging the findings of the Responsible Officer (RO) and the corrective measure imposed following those findings. The Committee was therefore called upon to review the findings of the RO and to determine whether the corrective measure imposed on the grievor was justified in the circumstances.

A decision by the initial authority (IA) was not rendered in this case, as the grievor did not provide the IA with an extension of time.

In reviewing the complaint, the RO determined that only one of the six allegations met the definition of harassment and, based solely on one testimony which was obtained outside the investigation process, that the allegation was founded. The Committee noted that the person who made the allegation did not witness the event, reporting instead the account of a witness, and that it was that same witness' account that the RO obtained and used as evidence to the support the allegation. The Committee concluded that it was insufficient to rely solely on said testimony to establish, even on a balance of probabilities, that it constitutes sufficient evidence, given that several other individuals may potentially have been direct and important witnesses to the event and that they were not called to testify. The Committee was of the view that the RO erred in limiting the nature and scope of his actions in investigating this complaint.

Given the circumstances surrounding the harassment complaint, and considering that the two parties involved have since been released from the Canadian Armed Forces, the Committee was of the view that an intervention or a new administrative investigation, normally required to restore the workplace, was no longer necessary.

The Committee recommended that the Chief of the Defence Staff invalidate the findings and the decision of the RO. It also recommended that the administrative measure taken against the grievor be overturned and withdrawn from his files.

CDS Decision Summary

CDS Decision Date: 2015–02–23

The CDS agreed with the Committee's findings and recommendation to change the Closure Letter-Harassment Complaint in order to remove the conclusions with regard to the allegation no. 6 and to retrieve the IC imposed to the grievor.

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