NC-212 – Harassment

The Appellant appeals the Respondent’s Decision that the Alleged Harasser did not engage in harassment. He argues that the Respondent was biased, that he failed to properly assess the issue of harassment, and that the decision was clearly unreasonable. 

The ERC found that the Appellant did not rebut the presumption that the Respondent was impartial, but found that the Respondent erred in law by improperly placing the burden of proof on the Appellant to establish harassment. 

The ERC recommended that the appeal be allowed, and that the matter be remitted for a new decision.

The Adjudicator agreed with the ERC Findings and Recommendations and as such, adopted the ERC Findings and Recommendations in their entirety as their reasons for concluding for that this appeal be allowed.