NC-190 - Harassment

The Appellant lodged a harassment complaint (Complaint) against the Watch Commander (Alleged Harasser) accusing him of leaving him in the care of inappropriate field coaches, lying about procedural standards, collaborating with other witnesses and creating a hostile and intimidating work environment. The Appellant also maintained that the Alleged Harasser failed to consider his need for accommodation. 

The Respondent dismissed the Complaint finding that the Alleged Harasser was acting within the scope of his duties. The Appellant appealed the Decision arguing that the Respondent erred in law by misapplying the definition of harassment. The Appellant further argued that the Decision was clearly unreasonable on the basis that the Respondent made factual errors in his analysis on the merits of the allegations and did not consider the Appellant’s need for accommodation

The ERC found the Respondent did not err in law and that the Appellant had failed to demonstrate that the Decision is clearly unreasonable. More specifically, the ERC determined that the Respondent relied on the entirety of the evidence before him when he assessed the merits of the alleged behaviours. It was also found that the Respondent grappled with the controversial statements provided by the parties and explained why he preferred one version of events over the other. The ERC also found that the Respondent’s reasons show that he had a firm grasp of the evidentiary record, that he addressed the Appellant’s key concerns, that he engaged in a coherent and rational analysis of the evidence and that his reasons are sufficient to explain how the facts before him led him to conclude that the Alleged Harasser’s actions did not meet the definition of harassment. Finally, the ERC observed that the Respondent, in his role as decision maker in a harassment complaint, was not required to assess the Appellant’s need for accommodation; this issue goes beyond the scope of the appeal which concerns the reasonableness of the Decision. The ERC set aside the argument without considering it any further. 

The ERC recommends that the appeal be dismissed.