Grievance Case Summary - G-298

The grievance pertains to a decision that concluded that there was no basis to a harassment complaint which had been submitted by the Grievor. The Grievor's complaint was the result of his having been removed from the Emergency Response Team (ERT) due to performance issues. He contends that the decision-maker had a conflict of interest and that the matter should therefore have been addressed by someone else. The same complaint had previously been addressed by the same decision-maker but was revisited by him as the result of the Grievor being successful in a grievance against that decision. It was the Level I adjudicator who ordered that the matter be remitted to the decision-maker for further consideration. In the case of this particular grievance, the finding at Level I was that it had not been submitted within the time permitted by the Act.

The Grievor is correct in arguing that the decision-maker should not have been assigned to review the matter. However, the Committee has already concluded as a result of an earlier grievance that there was no basis to the harassment complaint and that the Grievor's removal from ERT constituted a legitimate exercise of a managerial prerogative.

The grievance should be denied.

The Commissioner agreed with the recommendation of the Committee and denied the grievance.