NC-233 - Harassment

The Appellant appealed the Respondent’s decision that she had failed to show that she had been harassed.

On appeal, the Appellant alleges that the Respondent failed to analyze the incidents as a whole.  

The ERC found that the Respondent applied a holistic approach to the harassment complaint. The ERC also found that even though the Respondent stated that the onus was on the Appellant to show that harassment occurred, it appears from the decision that the Respondent relied on the evidence on file and gathered during the investigation to support his findings. Therefore, the ERC found that the Respondent did not err in law. 

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.