NC-213 – Harassment

The Appellant lodged a harassment complaint (Complaint) against the Alleged Harasser, accusing him of several alleged behaviours having taken place during the Appellant’s initial Field Coaching Program phase. For example, the Alleged Harasser purposely delayed his Return To Work (RTW) to operational duties and he started an Employee Requirements (ER) process geared towards terminating the Appellant’s employment. The Alleged Harasser also ambushed him during a meeting, failed to address the fact that the Appellant was being harassed at the Detachment, failed to provide him accommodation and purposely delayed the ER process.

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 it had been rendered in a procedurally unfair manner because the investigation had failed to determine who halted his RTW to operational duties and who initiated an ER process. He further argued that the Decision was clearly unreasonable on the basis that the Respondent failed to consider the Appellant’s key arguments, that he made factual errors in his analysis of the merits of the allegations and that he failed to consider the Appellant’s need for accommodation.

The ERC found that the Appellant did not demonstrate that the Respondent’s Decision was rendered in a procedurally unfair manner or that it was clearly unreasonable. More specifically, the ERC determined that the Respondent did address the Appellant’s key concerns, that he 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.