NC-149 - Harassment 

A number of incidents created ongoing friction and workplace conflict between the Appellant and one of his supervisors. The Appellant submitted a harassment complaint, which led to a harassment investigation against the supervisor. The Respondent addressed the Appellant’s complaint as nine separate issues. After summarizing the Appellant’s submissions and the facts related to each issue, the Respondent concluded that the harassment allegation was not established on a balance of probabilities.

The Appellant’s arguments on appeal focused on the assertion that the Respondent failed to provide sufficient reasons. The Appellant also argued that the Respondent erred in her findings of fact pertaining to Issue 8.

The ERC found that the Respondent did not provide sufficient reasons, as the Record of Decision did not demonstrate a rational or tenable line of analysis supporting the conclusion that the allegation was not established. Furthermore, the ERC found that the Respondent committed an error of fact in her findings regarding Issue 8.

The ERC recommended that the appeal be allowed.

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 allowed.