NC-272 - Harassment

The Alleged Harasser had been the Appellant’s supervisor. The Appellant brought a harassment complaint (Complaint) against the Alleged Harasser. The Complaint contained a number of incidents which were ultimately considered by the Respondent as five separate alleged behaviours under a single allegation.

An investigator interviewed a limited number of witnesses and provided a Final Investigation Report (FIR). The Respondent, after considering the FIR, found that the Complaint did not meet the definition of harassment.

The Appellant appealed the Respondent’s Decision. 

The ERC found that the appeal should be allowed because the Decision was procedurally unfair, and contained an error of law.

The ERC found that there was procedural unfairness based on the insufficiency of the harassment investigation. In particular, a number of additional witnesses should have been interviewed, as they potentially had obviously crucial evidence to offer regarding the incidents raised in the Complaint. The ERC also found that there was an error of law, as the Respondent did not consider the incidents collectively, as a series of events.

The ERC addressed other key issues raised by the Appellant as well.

The ERC recommends that the appeal be allowed, and the matter be remitted to a new decision-maker, with directions for rendering a new decision.