NC-253 - Harassment

The Appellant returned from an extended period of leave without pay. Prior to her return, she sought information about altering her working arrangements, secondary employment, and safety precautions. The Appellant took issue with how her contact person treated her requests and submitted a harassment complaint. The Respondent did not mandate an investigation and found that the harassment was not established as the Alleged Harasser was acting within the scope of their duties.

The Appellant appealed this Decision on the basis that the Respondent ignored the Office for the Coordination of Harassment Complaints (OCHC) recommendations and that the Decision was clearly unreasonable. 

Clearly Unreasonable Decision

The ERC found that the reasons were not responsive to the content of the complaint. The Decision was devoid of analysis on a number of issues identified by the Appellant in the complaint, including concerns about being harassed as defined in the Canadian Human Rights Act.

Failure to Apply OCHC Recommendations

The ERC found that the information provided by the OCHC is simply a recommendation and is in no way binding on the Respondent. The Respondent was free to make the Decision without referring to or relying on the OCHC recommendations.  

The ERC recommends that the appeal be granted.