G-796 - Grievance Case Summary

The Grievor presented a harassment complaint (Complaint) against her acting supervisor (Alleged Harasser). The Respondent screened in the Complaint and mandated an Investigation into four of the allegations. An Investigation was conducted and the Respondent made a decision to dismiss 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 Grievor’s Complaint had not been properly investigated. 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 given an opportunity to review and respond to the preliminary investigation report during the investigation of her Complaint. This was procedurally unfair to the Grievor because she did not have a chance to respond to information that was before the Respondent when he made the Decision. In addition, the Grievor did not have a meaningful opportunity to be heard because her statement on the four screened-in allegations was not before the Respondent.

The ERC recommends that the Grievance be allowed. While the normal course for redress would be to remit the matter to be properly investigated and for a new final investigation report to be presented to the Respondent for a new decision, the ERC recognizes that such an investigation may not be practical given the length of time that has elapsed since the Complaint was filed. The Alleged Harasser and the witnesses have retired and may not be available to participate in a new investigation. For this reason, the ERC recommends that the Final Adjudicator apologize to the Grievor for the improper handling of her Complaint.