NC-202 – Harassment

The Appellant appealed the Respondent’s decision that he failed to establish that he was harassed.

On appeal, the Appellant argues that the Respondent’s decision was not sufficiently supported or intelligible, that it was based on an error of law and that the Respondent did not analyze the incidents as a whole.

The ERC found that, although the Appellant was no longer employed by the RCMP when he filed his harassment complaint and his appeal, he had standing. In addition, the ERC recommended that the final decision-maker extend the time limit even if the Appellant was out of time, since the Appellant received a decision in English even though he had requested that the proceedings be in French. Lastly, the ERC found that the reasons for the Respondent’s decision were insufficient, that the decision contained errors of law (the Respondent placed the burden of proving harassment on the Appellant) and that the decision was therefore clearly unreasonable.

The ERC recommends that the appeal be allowed.