NC-171 - Harassment

The Appellant appealed the decision of the Commanding Officer of “[X]” Division (Respondent) finding that he failed to establish that he had experienced harassment.

On appeal, the Appellant argues that not all of the witnesses were questioned, that the Respondent failed to make a fair assessment of his statements and the evidence provided, and that based on the evidence on the record, the decision is clearly unreasonable. In support of his arguments, the Appellant presented new evidence.  

The ERC found that the new evidence was inadmissible, as the Appellant, had he acted with due diligence, could have presented it before the Respondent’s decision was rendered. Furthermore, the ERC found that the Appellant failed to show that the witness would have had significant and relevant information to provide regarding the harassment complaint. Finally, the ERC found that the Respondent’s reasons for decision contained no errors of fact and that the decision was therefore not clearly unreasonable.

The ERC recommended that the appeal be dismissed. 

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 dismissed.