NC-298 - Harassment

The Alleged Harasser was the Appellant’s co-worker. The Appellant brought a harassment complaint (Complaint) against the Alleged Harasser. The Complaint contained three alleged incidents.

An investigation was mandated into the Complaint. One investigator conducted interviews including with the Appellant and the Alleged Harasser. A Final Investigation Report (FIR) was provided to the Respondent. After considering the FIR, the Respondent found that the Complaint was not established. The Appellant appealed the Respondent’s decision, arguing that it was clearly unreasonable. 

The ERC did not accept the Appellant’s argument that the decision was clearly unreasonable.  

The ERC noted that the Appellant’s appeal submissions did not address how the decision was clearly unreasonable. The ERC nevertheless found that the Respondent’s decision had rational and tenable lines of analysis and could not be characterized as clearly irrational. The ERC explained that an appeal is not an opportunity to relitigate or reassess the Appellant’s underlying contentions.

The ERC also addressed the Appellant’s concern regarding a Code of Conduct investigation into the Alleged Harasser’s actions, and clarified that the Alleged Harasser’s conduct was examined to determine whether it constituted a contravention of the Code of Conduct. 

The ERC recommends that the appeal be dismissed and the decision being appealed be confirmed.