Grievance Case Summary - G-293-294

Two harassment complaints were filed against the Grievor by employees who reported to her. The same investigator conducted the investigations into both complaints. He concluded that these complaints were founded. The Commanding Officer of the division supported this conclusion and imposed disciplinary measures on the Grievor. These disciplinary measures were however revoked as a result of an appeal. The adjudicator ruling on the appeal concluded that the investigation was not conducted properly. In view of this conclusion, the grievances were deemed inadmissible, as the adverse effects suffered by the Grievor had been redressed.

The decision on the disciplinary appeal did not completely reverse the adverse effects on the Grievor, because it did not revoke the division Commanding Officer's decision that the Grievor had harassed two of her co-workers. The adjudicator's analysis of the investigation should nevertheless be considered in determining whether the two grievances are founded.

The grievances should be allowed.

The Commissioner accepted the Committee's findings and recommendations. He allowed the two grievances presented by the Grievor and reversed the decision by the Commanding Officer of the division regarding the merits of the harassment complaints against her.