NC-278 - Harassment

The Appellant appealed the Respondent’s Decision dismissing her harassment complaint on the basis that the Alleged Harasser’s actions did not amount to harassment. The Appellant argues that the Decision was based on an error of law because the Respondent did not consider the alleged behaviours cumulatively. She also contends that the investigation was undermined by bias and that the Decision contained significant errors of fact. 

The ERC found that there was no evidence to support the conclusion that the Respondent did not evaluate the alleged incidents of harassment cumulatively. It was further determined that the Appellant had not demonstrated that the investigators were not open-minded nor that the Decision contained errors of fact that would make the Decision clearly unreasonable.  

The ERC recommended that the appeal be denied. 

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.