Grievance Case Summary - G-315

The Grievor presented a grievance on March 24, 2003, seeking an investigation of harassment with respect to actions by a civilian member who was the manager of information technology section. The Grievor stated that had been "the victim of harassment in the form of reprisals and collusion/conspiracy" since March 31, 2002.

On June 4, 2003, the Level I adjudicator issued an interlocutory decision. He ordered that the grievance be suspended pending measures taken by the Grievor with respect to an investigation of harassment. On August 27, 2003, the investigator informed the Grievor of his decision not to conduct an investigation into the harassment complaint.

When the Grievor presented his Level I grievance, he asked the Respondent to provide him with certain documents. He then asked the Level I adjudicator to rule on this request, since the Respondent refused to release all the documents requested. On October 30, 2003, the Level I adjudicator concluded that some of the documents requested were not relevant and would accordingly not have to be disclosed to the Grievor.

The Grievor requested that the decision be reviewed at Level II. The grievance reviewer in this case informed the Grievor by telephone that the Level I adjudicator had to rule on the merits of the grievance before the matter could be presented to the Level II adjudicator. The Grievor nevertheless insisted that his grievance be presented at Level II, which it was.

The grievance is inadmissible at Level II since the Level I adjudicator had still not ruled on the merits of the grievance when the Grievor decided to present his grievance at Level II.

The Commissioner should state that it is beyond his jurisdiction to rule on the merits of this grievance.

The Commissioner accepted the findings and recommendation of the Committee. The Commissioner stated that it is beyond his jurisdiction to rule on the merits of the grievance and he returned it to Level I so that a decision on the merits can be taken.