NC-276 - Harassment

The Appellant appealed the Respondent’s decision dismissing his harassment complaint on the basis that the Alleged Harasser’s actions did not amount to harassment. The Appellant argues that the Decision was reached in a procedurally unfair manner, was based on an error of law and is clearly unreasonable. In the Appellant’s view, the investigation was insufficient because certain witnesses were not interviewed. He also contends that his procedural rights were breached because he was not given the opportunity to respond to the Alleged Harasser’s rebuttal to the Preliminary Investigation Report (PIR). The Appellant also argues that the Respondent erred in law because he did not consider the alleged incidents cumulatively. 

The ERC found that the Appellant should have raised his concerns regarding the sufficiency of the investigation before the Decision was issued. In not doing so, the ERC determined that the Appellant was precluded from doing so on appeal. It was further explained that the harassment process does not provide a complainant with an opportunity to respond to the alleged harasser’s rebuttal to the PIR. Finally, the ERC found that the Decision was based on an error of law because the Respondent did not consider the alleged behaviours cumulatively.

The ERC recommended that the appeal be allowed. 

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.