NC-274 - Harassment

The Alleged Harasser was the Appellant’s supervisor. The Appellant brought a harassment complaint (Complaint) against the Alleged Harasser. The Complaint contained nine alleged incidents.

An investigation was mandated into the Complaint. Two investigators interviewed nine individuals, including the Appellant, and provided a Final Investigation Report (FIR) to the Respondent. 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 dismissed, because the Decision was not procedurally unfair, nor clearly unreasonable, as argued by the Appellant.  

The ERC did not believe that the investigation contained unreasonable omissions that amounted to a failure to pursue “obviously crucial evidence” which may have seriously impacted the conclusions in the Decision. Accordingly, the ERC found that there was no breach of procedural fairness.

The ERC also found that there were rational and tenable lines of analysis supporting the decision, thus demonstrating that the decision was not clearly unreasonable.

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

The ERC recommends that the appeal be dismissed.