# 2021-274 Harassment, Harassment, Procedural Fairness

Case summary

F&R Date: 2022-12-22

The grievor, a Private awaiting training, contested the administration and letter of closure for her harassment complaint against a Master Corporal. The grievor's Commandant (Cmdt), acting as the Responsible Officer (RO), conducted the harassment investigation, including interviewing witnesses who were his own staff. The grievor requested as redress that her harassment complaint be re-opened, and that a formal investigation be conducted by a qualified Harassment Investigator.

There was no Initial Authority decision (IA), given that the IA was not able to respond to the grievor within the time limits set out in the Queen's Regulations and Orders for the Canadian Forces, Chapter 7, subsection 7.15, and the grievor requested that the grievance be forwarded to the Final Authority (FA) for adjudication.

The Committee reviewed the applicable policies, including Defence Administrative Orders and Directive (DAOD) 5012-0 - Harassment Prevention and Resolution, and the Harassment Prevention and Resolution Instructions. The Committee noted that the Cmdt conducted the harassment investigation, and interviewed his own staff. In addition, the Committee noted that none of the details were disclosed to the grievor, and she was not given an opportunity to respond to the investigation or witness statements before the Cmdt determined the harassment complaint and issued the closure letter. The Committee found that these actions breached procedural fairness principles. As a result, the Committee found that the RO's decision and closure letter did not follow the relevant policy.

The Committee conducted its own determination on the harassment allegations and suggested what course of action was required to correct the identified deficiencies in the treatment of the harassment complaint. The Committee concluded that some allegations met prima facie the definition of harassment as per DAOD 5012-0, and an investigation would determine if witnesses could confirm the allegations.

The Committee recommended that the FA afford the grievor redress by setting aside the previous findings and closure letter in the grievor's harassment complaint. The Committee further recommended that the FA order a new harassment investigation, which would follow the applicable policy.