# 2022-289 Harassment, Harassment

Case summary

F&R Date: 2024-01-25

The grievor, a junior Canadian Armed Forces (CAF) Reserve Force officer, disputed a finding of harassment made against him as well as the resultant remedial measure. The grievor argued there was a lack of procedural fairness during the investigation. He also contended that the threshold for harassment was not met because his comments were made as part of a social media chat group that, in his view, did not constitute a “workplace”.

The Initial Authority found that the harassment complaint had been administered in in accordance with applicable provisions, that the threshold for harassment had been met and that the resulting remedial measure was appropriate.

The Committee first found that the grievor had not received procedural fairness but noted that the grievance process had corrected the defects observed. The Committee then determined that the chat group comments of the grievor were part of an online forum with other CAF members and therefore considered part of the workplace. However, the Committee found that the grievor's comments, although unprofessional, did not meet the threshold for harassment. Finally, the Committee observed a pattern of disrespectful and insubordinate behavior by the grievor towards his CAF superiors. The Committee concluded that the grievor's inappropriate communications demonstrated a conduct deficiency on his part.

The Committee recommended that the Final Authority (FA) grant partial redress by quashing the harassment finding and the resulting remedial measure. The Committee also recommended that the FA consider whether it may be appropriate to issue a new remedial measure to the grievor to address his demonstrated conduct deficiency.