NC-150 - Harassment

The Appellant appeals the decision of the Commanding Officer, “X” Division (Respondent) that, out of six incidents of alleged harassment against the Appellant’s supervisor (Alleged Harasser), four met the definition of harassment. The Respondent ultimately found the allegation against the Alleged Harasser established.

This appeal involves incidents that took place while the Alleged Harasser was the Appellant’s supervisor. Workplace conflict arose between the Appellant and her three supervisors, the Alleged Harasser being her direct supervisor. In her harassment complaint, the Appellant listed six incidents which she alleged were harassment. An investigation was mandated in which the Appellant, the Alleged Harasser and five other witnesses were interviewed. The Appellant received the Respondent’s decision on April 26, 2022. She filed her appeal on May 12, 2022, two days after the expiry of the time limit to do so. The Office for the Coordination of Grievances and Appeals invited the Appellant to provide submissions on the merits, none were received. After being given the opportunity to provide submissions on the timeliness issue, the Appellant failed to do so, but provided a rebuttal to the Respondent’s submission. 

The ERC found that the Appellant had filed her appeal outside the statutory time limit to do so. It further found that no retroactive extension should be granted since the Appellant had not demonstrated that she met any of the criteria set out in Pentney. Specifically, the Appellant had not demonstrated a continuing intention to appeal prior to the expiry of the time limit; since she had not provided a submission on the merits, it is impossible to determine whether she had an arguable case; the Appellant did not provide evidence of her reasonable explanation for the delay; and granting the extension without any of the criteria would be prejudicial to the Force. 

The ERC recommends that the appeal be dismissed.