NC-254 - Harassment

The Appellant returned from an extended period of leave without pay. Prior to her return and during her return, the Appellant took issue with the actions committed by the Alleged Harasser related to her re-integration to the Watch. These included her treatment after the submission of a medical certificate. The Appellant submitted a complaint identifying the treatment she received as harassment. The Respondent found that the Alleged Harasser’s actions did not amount to harassment.

The Appellant appealed this decision on the basis that the Respondent ignored the Office for the Coordination of Harassment Complaints (OCHC) recommendations to the Respondent, and the Respondent improperly considered the evidence, amounting to a clearly unreasonable decision. 

Medical Information Disclosure

The ERC found that the Decision was not clearly unreasonable. While the Decision was sparse on details, the Respondent effectively assessed that the Alleged Harasser acted within the scope of his duties in assessing what were the Appellant’s limitations and what accommodations were available.

Harassment related to Disability

The ERC again found that the Decision was not clearly unreasonable. In reviewing the Decision, the ERC noted that the Respondent considered the appropriate legal and factual considerations in assessing the allegation of harassment as it related to protected characteristics.

Failure to Apply OCHC Recommendations

The ERC found that the information provided by the OCHC are simply recommendations and are not 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 dismissed.