G-794 - Grievance Case Summary

The Grievor presented a harassment complaint (Complaint) against her Line Officer (Alleged Harasser). The Respondent screened out the Complaint (Decision). The Grievor grieved the Respondent’s Decision (Grievance).

Several years later, a Level I Adjudicator found that the Grievor’s conduct during the grievance process had demonstrated an abuse of process and dismissed the Grievance, along with a number of other grievances she had filed. The Grievor then presented another grievance regarding the Level I Adjudicator’s decision to Level II. A Level II Adjudicator found that the Level I Adjudicator was not authorized to dismiss five of the Grievor’s grievances, including the present Grievance. She issued a direction returning the Grievance for a new Level I decision.

A new Level I Adjudicator made a decision on merits, allowing the Grievance of the Respondent’s Decision. He found that the Respondent had omitted to seek clarification from the Grievor before screening out her Complaint. He apologized to the Grievor for the improper handling of her Complaint. However, he stated that an investigation would not be feasible because of the amount of time that had passed since the alleged harassment occurred.  

The Grievor resubmitted her Grievance at Level II and it was referred to the RCMP External Review Committee (ERC). 

The Grievor was not provided a fair opportunity to be heard before the Respondent screened out her Complaint. The Grievor had presented a statement, with attachments, to the Harassment Prevention Unit that contained details, context and evidence to support her Complaint. This statement and its attachments, were not before the Respondent when he made the Decision to screen out her Complaint. In addition, the Respondent did not consider all the incidents in the Complaint and as a result, did not properly apply the screening test for harassment. 

The ERC recommends that the Grievance be allowed and that the Complaint be remitted to a new decision-maker for a new screening decision. The ERC recommends that the new decision-maker consider the Grievor’s statement and attachments that she had sent to the Harassment Prevention Unit, when making the new screening decision. If the Grievance is screened in, the ERC recommends that the new decision-maker assess if there is sufficient information to address the Complaint, without an investigation. This assessment must be done in a way that ensures procedural fairness to both parties. If the new decision-maker finds that there is sufficient information to address the Complaint without an investigation, the ERC recommends that he or she make a final decision on the Complaint.