MINISTRY OF COMSUMER AND COMMERCIAL RELATIONS
March 4, 1994
Background of the Complaint
This investigation was initiated as a result of a complaint concerning the Ministry of Consumer
and Commercial Relations (the Ministry). The Ministry had conducted an internal investigation
of a complaint of harassment made against the complainant by another Ministry employee (the
aggrieved employee), under a Sexual Harassment Directive (the Directive) dated January 1991,
which applied to all ministries subject to the Management Board of Cabinet directives. In
response to our draft report, the complainant indicated that the policy in question was an Ontario
Public Service policy which strengthened the sexual harassment provisions of the existing
Personal Harassment policy. The finding of the Ministry's investigation was that the
complainant had harassed the aggrieved employee.
Sometime after the first harassment complaint was made, the aggrieved employee complained
that the harassing behaviour was continuing, and a second investigation was initiated by the
Ministry. This investigation was conducted by an investigator from another ministry, who was
appointed through the Workplace Discrimination and Harassment Prevention Branch of
Management Board Secretariat.
While the second investigation was ongoing, an incident related to the second harassment
complaint occurred. Copies of a letter written by the second investigator to the complainant
were discovered by the complainant's Manager and by the aggrieved employee, in open areas
near the elevator banks of the Ministry's office building.
The complainant believed that during the course of the above investigations, the Ministry had
breached the Freedom of Information and Protection of Privacy Act (the Act) in the following
1. The first harassment complaint was disclosed to various individuals who were not allowed
access to it, according to the... [continues]
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