G-795 - Grievance Case Summary

The Grievor presented a harassment complaint (Complaint) against her Line Officer (Alleged Harasser). In the Complaint, it was alleged that the Alleged Harasser had retaliated against the Grievor for filing a harassment complaint, several grievances and a Canadian Human Rights Act complaint against him. The Respondent screened out the Complaint (Decision) and 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. The Respondent did not review the clarification document that the Grievor had presented to the Harassment Prevention Unit before making the Decision to screen out her Complaint. Further, given the multiple allegations of retaliation described in the Complaint, the Respondent was required to mandate an investigation.

The ERC recommends that the Grievance be allowed. Despite the significant passage of time, given the multiple allegations of retaliation described in the Complaint, the ERC recommends that the matter be remitted for an investigation before a new decision-maker, if an investigation is feasible.