NC-247 - Harassment

The Appellant appealed the Respondent's decision that he had not demonstrated that he had suffered harassment.

On appeal, the Appellant alleges that the Decision was reached in a procedurally unfair manner and is clearly unreasonable. She also argues that a conflict of interest existed between the witnesses, herself and the Respondent, and that disclosure of her documents to the Respondent was incomplete. She also contends that the Respondent erred in law in misapplying the harassment test. 

The ERC determine that the Appellant is precluded from raising concerns about conflict of interest and missing documents on appeal because she failed to raise it at the earliest opportunity when she was provided with the Preliminary Investigation Report. Furthermore, the ERC found no compelling evidence to suggest that additional witnesses would have provided relevant information that could have materially affected the Respondent’s findings. Additionally, the Appellant failed to demonstrate that the Respondent committed errors of fact that would render the Decision clearly unreasonable. Finally, the ERC found that the Respondent did not err in applying the reasonableness test and did not fail to consider the incidents as a whole. 

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.