NC-014 - Harassment

The Appellant, who is on indefinite sick leave, filed a harassment complaint against the Non-Commissioned Officer (the principal Alleged Harasser) and several other people (the secondary alleged harassers), including the Alleged Harasser in this case. An investigation was ordered by the Conduct Authority and an interim report was submitted to the parties, who had an opportunity to comment on this report. The investigators submitted their final report in September 2015, and on December 7, 2015, the Respondent issued his decision, which determined that the complaint was ill-founded and which was served on the Appellant on December 10, 2015.

The Appellant appealed this decision through a grievance form on January 7, 2016. The Office for the Coordination of Grievances and Appeals (OCGA) informed the Appellant that she had to file an appeal form because the Commissioner's Standing Orders effective November 2014 provide that decisions related to the harassment complaint resolution process can be appealed and not grieved. The Appellant sent an appeal form and a request for an extension of the deadline for filing an appeal. She explained that her health and the numerous documents had prevented her from filing an appeal within the statutory 14-day time limit.

The ERC found that the Appellant had not explained why she had been unable to access her emails, the news, and policies or regulations, and that these are always available to the public.

The ERC also found that the Appellant had failed to provide any explanation or any evidence to suggest that her health or her symptoms had prevented her from acting in a timely fashion. Finally, the ERC found that when filing an appeal, appellants do not have to provide arguments in support of their appeal. In this case, the Appellant simply had to complete Form 6437 within 14 days and to submit it to the OCGA.

The ERC recommended that the appeal be dismissed.

The Commissioner's decision, as summarized by her office, is as follows:

[TRANSLATION]

With her staff relations representative, whose name appears on Form 3919, Harassment Complaint, the Appellant submitted allegations of harassment against a sergeant, the principal Alleged Harasser, a superintendent, a staff sergeant, a corporal and a constable, all secondary alleged harassers. The Commanding Officer, decision maker and Respondent in this appeal, ordered an investigation, following which he concluded that the allegations against the corporal, now sergeant (Alleged Harasser), were unfounded.

The Appellant was served with the written decision on December 10, 2015. On January 7, 2016, the Appellant filed a Form 6439, Grievance Presentation, with the Office for the Coordination of Grievances and Appeals (OCGA) alleging that the Respondent [Translation] “did not recognize the behaviour of a harassing nature as well as the injury [she] sustained in the course of [her] work at RCMP Commercial Crime.” Prompted by the OCGA, she then filed a Form 6437, Statement of Appeal, claiming that the decision made by the Respondent was reached in a manner that contravened the applicable principles of procedural fairness and was clearly unreasonable.

The Adjudicator confirmed the recommendation of the RCMP External Review Committee, dismissing the appeal on the grounds that it was presented well after the expiry of the 14-day time limit, in contravention of the provisions of section 38 of the Commissioner's Standing Orders (Grievances and Appeals), and that the circumstances alleged by the Appellant did not allow for the extension of the specified time limit.