G-797 - Grievance Case Summary

The Grievor presented a harassment complaint (Complaint) against her acting supervisor (Alleged Harasser). 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 Respondent did not clarify the Complaint before screening it out. It was necessary to clarify the Complaint because a clarification could have assisted the Respondent in understanding and assessing the full scope of the Complaint. Further, the Respondent did not consider all the incidents described in the Complaint and his reasons for screening out the Complaint were not consistent with Treasury Board harassment policy. The Respondent was required to mandate an investigation of the Complaint because the Grievor raised concerns that the Alleged Harasser’s actions were done in retaliation for having filed a prior harassment complaint against him.

The ERC recommends that the Grievance be allowed. Given the seriousness of the allegations and the alleged retaliation by the Alleged Harasser described in the Complaint, the ERC recommends that the matter be remitted for an investigation before a new decision-maker, if this is feasible. If an investigation is not feasible, the ERC recommends that the Final Adjudicator issue an apology to the Grievor for not screening the Complaint properly and not mandating an investigation of her Complaint.