NC-265 - Harassment

The Appellant appeals the Decision of the Commanding Officer, “X” Division (Respondent) to dismiss her harassment complaint (Complaint) finding that the Alleged Harasser’s actions did not meet the test for harassment.

An investigation was mandated to determine whether the Alleged Harasser had engaged in harassment. Following receipt of the Final Investigation Report, the Respondent issued the Decision which was served on the Appellant on February 22, 2019. The Appellant informed the Office for the Coordination of Grievances and Appeals (OCGA) that she wished to appeal the Decision, and why, on March 9, 2019, which was 1 day after the expiry of the 14-day statutory time limit to present an appeal. The OCGA sought the parties’ submission with respect to the preliminary issue of the timeliness of the appeal. This report will solely address the preliminary issue of the timeliness of the appeal.

Pursuant to section 43(d) of the Commissioner’s Standing Orders (Grievances and Appeals), an adjudicator may grant an extension of time to file an appeal where there are exceptional circumstances. The ERC applied the four factors found in the Federal Court decision in Pentney and found that the Appellant had not presented a continuing intention to appeal, nor did she provide a reasonable explanation for the delay. When balancing the four factors with the interest of justice, the ERC found that the interest of justice did not favour the Appellant.

The ERC recommended that the appeal be dismissed for being filed outside the statutory time limit.

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 dismissed.