Grievance Case Summary - G-407

The Grievor filed a complaint of harassment and discrimination against a superior. The Respondent was the Delegated Manager for the harassment complaint and, following an investigation, he determined that it was unfounded.

The Early Resolution efforts were unsuccessful. The Grievor was advised to file her Level I submissions, but failed to do so. The Respondent provided his submissions. The Grievor responded, by making submissions that went beyond rebutting the Respondent's submissions. No documentation in support of the claim was provided. The Level I Adjudicator concluded that the Grievor had not met the onus of establishing her case.

The Committee found that the Grievor's rebuttal should not be considered, because it contained only information that would have been known to the Grievor at the time her Level I submission was due.

The Committee also found that the Grievor had not met the onus of establishing her claims on a balance of probabilities, as she gave no details to support her claims.

Finally, the Committee found that the Commissioner's Standing Order (Grievances) (CSO-G) and the associated grievance policy lack an explanation of what constitutes the grievance file and who provides the relevant material to the Level I Adjudicator.

The Committee recommended that the grievance be denied.

The Committee also recommended that the Commissioner order a review of the CSO-G and the RCMP policy on grievances for the purpose of clarifying who has the responsibility to ensure that the Level I Adjudicator receives a complete record.

The Grievor withdrew his grievance before the Commissioner could render a decision in this matter.