# 2022-178 Harassment, Harassment

Case summary

F&R Date: 2024-12-02

The grievor submitted four grievances challenging the findings of the investigations into allegations of harassment involving four members of her chain of command (CoC). In particular, she is critical of the harassment investigators (HI) for ignoring comments she provided following disclosure of the interim reports and for lacking impartiality in allowing the respondents to act as witnesses in the investigations. She is also critical of the excessive duration of the process, which she considers contrary to the principle of expeditiousness, and is disappointed that her allegations were dealt with separately, in four separate investigations, which downplayed the repetitive and systemic nature of the incidents. The grievor maintains that the accumulation of microaggressions had a serious impact on her mental health. She requested a reassessment of her initial complaint by an impartial third party and would like official recognition from the Canadian Armed Forces (CAF) that she was the victim of harassment from her CoC. 

The Initial Authority (IA) denied the grievances, finding that the complaints had been dealt with fairly. According to the IA, it was necessary to separate the investigations in order to take into account the specifics of each case. In addition, the IA indicated that using the same HI for each investigation ensured consistency in processing the files. The IA found that none of the 47 allegations constituted harassment under CAF policies, while acknowledging that conflicts could exist without reaching the threshold for harassment. 

The Committee examined the allegations regarding the credibility of the witnesses, the impartiality of the HI and processing times. It concluded that, although the testimony of respondents acting as witnesses was admissible, the lack of clear guidelines for dealing with complaints involving several respondents made a systemic assessment of the allegations challenging. In addition, it noted that the time elapsed in processing the complaint was excessive and unjustified, causing harm to the grievor. The Committee noted that the harassment complaint should have been analyzed from a systemic perspective, taking into account the cumulative effects of the incidents. The Committee considered that the repetitive and persistent nature of certain behaviours constituted harassment, even though they seem harmless when considered in isolation. These behaviours, combined with a lack of informal conflict resolution measures from the CoC, contributed to creating an unhealthy work environment for the grievor. The Committee recommended that the IA acknowledge that the grievor was a victim of harassment and that a remedy, such as an ex gratia payment, be granted. It also recommended that the CAF clarify its guidelines for investigations involving multiple respondents in order to better address situations of systemic harassment.