# 2018-031 Harassment, Counselling and Probation, Harassment, Misuse of Alcohol

Case summary

F&R Date: 2019-10-16

The grievor reported what she considered to be harassing behaviour on the part of a civilian colleague. The grievor's supervisor chose to observe the situation, asking the grievor to try to resolve the situation informally. The situation lasted for a number of months. Ten months after the initial report, the grievor was arrested for impaired driving. Her commanding officer placed her on counselling and probation (C&P). This remedial measure led to her reporting her supervisor's poor handling of her harassment complaint.

The grievor argued that the impaired driving is out of character for her and that if the chain of command had considered the toxic work environment she was exposed to, it would have reached the same conclusion. Consequently, she found that the C&P was not an appropriate measure. The grievor subsequently recognized that a C&P was the appropriate measure for impaired driving, but that its quashing would be appropriate redress for the poor handling of the harassment she reported.

The Initial Authority (IA) found that the grievor had been aggrieved by the poor management of the workplace and the alleged harassment but noted that the chain of command had implemented measures to rectify it. With respect to the C&P, the IA decided not to review the matter given that the grievance had been submitted after the prescribed time limit. The Final Authority (FA) agreed to consider the grievance in the interests of justice.

The Committee reviewed the grievor's file, from the first report of harassment up to the harassment investigation conducted after her grievance was submitted, including the arrest and conviction for impaired driving. The Committee found that the complacency of the grievor's supervisor toward the situation reported by the grievor had contributed to the deterioration of the work environment. The Committee noted that the chain of command had corrected the situation. The Committee also found that the poor management of the workplace could in no way justify or mitigate the seriousness of impaired driving. Given the grievor's conviction for impaired driving, the Committee found that a remedial measure was justified, and that the C&P was the appropriate measure. The Committee therefore recommended that the Final Authority (FA) not grant the redress sought.

FA decision summary

The grievance was withdrawn at the FA level.