NC-224 - Harassment

The Respondent found that the Alleged Harasser had not engaged in harassment towards the Appellant contrary to section 2.1 of the Code of Conduct because the Alleged Harasser was acting within the scope of her supervisory authorities. The Appellant appealed the Decision alleging that the Respondent had erred by not ordering an investigation and by misapplying the reasonable person test.

The Appellant alleged that it was clearly unreasonable for the Respondent not to seek information from additional witnesses and documentary evidence prior to making his decision. The Appellant alleged that the evidence supported that the Alleged Harasser had interfered with his training, leave requests, file management and operational safety. 

The ERC found that the Respondent’s decision not to order an investigation was clearly unreasonable because the Appellant had identified numerous witnesses and documentary evidence to support his claims that the Alleged Harasser was essentially abusing her supervisory authority. Further, the ERC found that the Respondent failed to explain why this evidence was not necessary for determining whether the Alleged Harasser was discharging her supervisory powers in a legitimate, proper and respectful manner. The ERC found this issue to be dispositive of the appeal and chose not to address the Appellant’s further arguments.

The ERC recommended that the Commissioner allow the appeal and send the case back for an investigation and redetermination by a new decision-maker. 

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.