NC-292 - Harassment

The Appellant appealed the Respondent’s Decision dismissing his harassment complaint on the basis that the Alleged Harasser’s actions did not amount to harassment. The Appellant argues that the Decision was reached in a manner that contravenes the principles of procedural fairness, is based on an error of law and is clearly unreasonable. More specifically, the Appellant argues that: the Respondent was changed without appropriate notice; the investigation was insufficient and tainted by bias; a supplementary investigation was necessary, but not ordered; the Decision was based on an improper definition of “harassment”; the Respondent’s reasons are insufficient; and the Decision was biased and otherwise not grounded in law or justice.

The ERC found that the Respondent did not err in law in relying on the definition of harassment as stated in the RCMP Harassment Policy. It was further determined that the Appellant’s procedural rights were not breached as a result of the change in decision-maker. The ERC also found that there was no evidence to support the conclusion that the Respondent was biased or that the investigation was insufficient. Finally, the ERC determined that the Appellant had not demonstrated that the Respondent’s reasons were insufficient.  

The ERC recommends that the appeal be denied.