NC-241 - 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 and that the allegations had already been dealt with in the Appellant’s previous harassment complaint and Code of Conduct process. The Appellant appealed the Decision, alleging that the decision was clearly unreasonable and that the Respondent should have ordered an investigation. 

The ERC found that the Respondent’s decision not to mandate a harassment investigation was clearly unreasonable because the evidence before the Respondent was insufficient to meaningfully address the allegation. The ERC concluded that this finding was determinative of the appeal.

The ERC declined to assess the Appellant’s further submissions.

The ERC recommends 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.