# 2019-244 Harassment, Initial Counselling, Procedural Fairness

Case summary

F&R Date: 2020-11-28

The grievor argued that the findings of harassment against her in four harassment complaints were unreasonable, along with the corresponding initial counselling (IC) for performance she received. The grievor argued that the administration of the harassment investigations had numerous problems, including a lack of procedural fairness and bias. As redress, the grievor requested that the findings of harassment and the IC be removed from her personnel records.

The Commander, Canada Defence Academy (CDA), acting as the Initial Authority (IA), found that the findings of harassment in all four harassment complaints were reasonable. The IA also found that while the wording of the IC was problematic, as it addressed the grievor's conduct and not performance, it was justified. The IA concluded that there were problems with the administration of the harassment complaint process and directed the Commanding Officer of the CDA to apply more resources to the harassment program.

The Committee found that the grievor's behavior and actions in the four harassment complaints did not meet the definition of harassment in Defence Administrative Orders and Directives 5012-2, Harassment Prevention and Resolution. However, the Committee found that the grievor's conduct was unprofessional and inappropriate.

The Committee also found that the administration of the harassment investigations had numerous issues, including improper situational assessments, unreasonable delays, and the grievor's right to procedural fairness was not respected. However, the Committee found that there was no evidence that the harassment investigator or the Responsible Officer were biased.

The Committee found that the performance IC was not justified but the grievor's chain of command should address her inappropriate conduct as they best see fit.

The Committee recommended that the Final Authority afford the grievor redress by removing the findings of harassment and the performance IC from the grievor's personnel record.