Grievance Case Summary - G-405

The Grievor filed a harassment complaint against two superiors. He was dissatisfied with the investigation and corrective action taken and filed a grievance. The parties negotiated an acceptable structure for the informal resolution process, but they could not agree on what constituted the appropriate disclosure. The Grievor refused to proceed without the materials he was seeking. The matter was referred to a Level I Adjudicator, who denied the grievance on the basis that the Grievor lacked standing.

The Committee found that the issue of the process used to deal with a harassment complaint is grievable. Even where the finding is favourable to the person who submitted the complaint, this person can be aggrieved if there are procedural errors or unfair practices. Further, generally speaking, a Respondent's choice of remedy for a positive finding of harassment would be a decision taken by the Force for which the Grievor would have standing.

The Committee also found that where a Grievor requests disclosure in advance of the early resolution efforts, the Respondent should attempt to answer that request.

Finally, the Committee found that the Respondent made errors in his assessment of what materials were to be disclosed.

The Committee recommended to the Commissioner of the RCMP that the grievance be allowed.

The Committee further recommended that the Commissioner order that the matter be returned to the Early Resolution Phase at Level I. As part of the discussions in this Phase, the parties should explore further the issue of disclosure, taking into account the direction given.

The Commissioner has rendered a decision in this matter, as summarized by his office :

The Commissioner agrees with the ERC that the Grievor has standing to present his grievance, and that the Respondent made errors in his justification for denying the Grievor's disclosure request. As proposed by the ERC, the case is to be referred back to the Early Resolution Phase at Level I of the grievance process. As part of the discussions in this Phase, the parties should further explore the issue of disclosure, taking into account the reasons pertaining to this issue expressed in the ERC's report and the Commissioner's decision.

The Grievor's request that the administration of his grievance file be assigned to the office for the coordination of grievances and the Level I Adjudicator of another region is denied.