NC-152 - Harassment

The Appellant appealed the decision of the Commanding Officer of [X] Division (Respondent) that she did not demonstrate that she was harassed.

On appeal, the Appellant submits two new arguments, namely that she did not receive all the evidence during the investigation and that the investigators failed to obtain two witnesses’ statements. Furthermore, the Appellant argues that the Respondent’s decision contravenes the principles of procedural fairness and is clearly unreasonable.

The ERC found that the Appellant could have raised the arguments that she did not receive all the evidence and that the investigators failed to obtain two witnesses’ statements before the Respondent’s decision was made. Therefore, these arguments should not be admissible on appeal. The ERC also found that the Appellant failed to demonstrate a reasonable apprehension of bias on the part of the Respondent. Finally, the ERC found that the Respondent’s reasons for decision were inadequate and that the decision was therefore clearly unreasonable.

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.