Grievance Case Summary - G-403

The Grievor filed a harassment complaint. The Respondent concluded that the matter related to workplace conflict, not harassment. A grievance followed.

The parties attempted to negotiate an early resolution, without success. The Case Manager advised the Respondent and the Grievor they needed to complete an Outcome Document. After an extension, the administrative time limit for delivery of the Outcome Document expired and the file was referred to a Level I Adjudicator.

The Level I Adjudicator denied the grievance on the basis that the Grievor lacked standing because the matters he raised in the grievance had already been addressed by the Level I Adjudicator in another grievance involving the same parties and the same fact situation.

The Committee found that the Level I Adjudicator erred when he determined that the Grievor did not have standing. While the Grievor had presented two harassment complaints against the same person, both regarding the same fact situation, each grievance dealt with a separate kind of harassment. Whether or not they could have been combined and dealt with as one grievance does not change the fact that the Grievor had standing.

The Committee also found that the Level I Adjudicator, in making his ruling on standing without the parties having had any chance to be heard on this issue, violated the duty to act fairly.

The Committee recommended to the Commissioner of the RCMP that the grievance be allowed and that the file be returned to Level I.

The Commissioner has rendered a decision in this matter, as summarized by his office:

The Commissioner agrees with the ERC's findings and recommendations. The Level I Adjudicator erred when he determined that the Grievor did not have standing. The file is returned to Level I so that the grievance process may resume.