NC-206 – Harassment

The Appellant lodged a harassment complaint (Complaint) against the Operations Support Officer at the Detachment (Alleged Harasser), accusing him of several alleged behaviours having taken place during the Appellant’s initial Field Coaching Program phase. For example, the Appellant alleges that the Alleged Harasser coerced him into signing a resignation, failed to consider accommodation, retained his personnel file and assigned him insignificant duties.

The Respondent dismissed the Complaint, finding that the alleged behaviours did not amount to harassment. Rather, he found that the Alleged Harasser had acted within the scope of his duties and had treated the Appellant in a respectful manner. The Appellant appealed the Decision indicating that the Decision was clearly unreasonable on the basis that the Respondent made factual errors in his analysis of the merits of the allegations. Finally, the Appellant argued that the Respondent did not consider the Appellant’s need for accommodation. 

The ERC found that the Appellant failed to demonstrate that the Respondent’s Decision was clearly unreasonable. More specifically, the ERC determined that the Respondent addressed the Appellant’s key concerns, relied on the entirety of the evidence before him when he assessed the merits of the alleged behaviours and that he grappled with the contradictory statements provided by the parties and explained why he preferred the Alleged Harasser’s version of events over that of the Appellant’s. 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 as this issue goes beyond the scope of the appeal which concerns the reasonableness of the Decision and, whether it was rendered in a procedurally fair manner. The ERC set aside the argument without considering it any further.

The ERC recommends that the appeal be dismissed.