# 2016-054 Harassment, Harassment

Case summary

F&R Date: 2016-12-29

The Committee found that the Responsible Officer and the chain of command departed from the harassment policies and violated the grievor's rights to a fair process. Having completed a de novo review of the file, including conducting a hearing as an administrative investigation, the Committee concluded that the grievor did not engage in harassment and was victim of rough justice. It recommended that the Chief of the Defence Staff make the grievor whole by namely restoring his reputation and reversing the negative impact on his career progression.

FA decision summary

The Final Authority (FA) agreed with the Committee's findings and recommendation that he restore the grievor's reputation and reverse the negative impact on his career progression.

The FA found that the grievor was not treated in a procedurally fair manner in relation to the harassment complaint filed against him and the related administrative actions taken. The FA found that the verbal complaint filed against the grievor constituted a harassment complaint and the grievor's rights under the harassment process should have been respected but were not. The FA also indicated that the practice of placing senior Canadian Armed Forces members in a “penalty box” rather than following the remedial measures program would cease.

The FA disagreed with some of the grievor's allegations. The FA disagreed with the assertion that an email listing potential courses of action (including contacting the Judge Advocate General or the Military Police) had been inappropriate. The FA also found that the fact that an informal resolution could not be pursued in the grievor's case was in accordance with the relevant policy.

The FA found that the grievor's actions did not constitute harassment. The FA partially granted the redress requested, endorsing several measures to restore the grievor's career path.