Lessons from an Alberta RCMP Harassment Case: Expert Advice for Navigating Workplace Investigations

A workplace investigator reviewing documents with employees, discussing harassment policies and legal compliance in a professional setting.

With over 25 years of experience practising law focused on workplace investigations and mediations, we’ve seen firsthand how harassment and misconduct can disrupt workplaces and undermine trust. The recent case of Constable Robert Jonathon Sinnott, disciplined for harassing a female RCMP colleague, highlights critical issues for employers, employees, and workplace investigators alike.

This case offers valuable lessons for addressing misconduct while fostering accountability, fairness, and a safe environment for all.

Understanding the Case: What Went Wrong

In this situation, RCMP officer Robert Sinnott sent a series of degrading messages to a female colleague just days before she was to testify in a sexual assault case against another Mountie. His comments, which questioned her credibility and intentions, constituted harassment and discreditable conduct under RCMP policy.

Key issues in this case included:

  • Retaliation Against a Reporter: Sinnott’s actions deterred the colleague from testifying freely and compromised the integrity of the investigation.
  • Breach of Workplace Policies: Harassment violates organizational codes of conduct and workplace safety regulations.
  • Undermined Reporting Mechanisms: Cases like this discourage victims of harassment or misconduct from coming forward, fearing retaliation or disbelief.

Employers must recognize that retaliation, even verbal or indirect, can have profound legal and organizational consequences.

Advice for Employers: Building a Safe and Compliant Workplace

This case underscores the importance of robust policies and proactive approaches to misconduct and harassment. Here’s how organizations can avoid similar situations:

Create Clear Policies on Harassment and Retaliation

  • Ensure all employees understand that harassment and retaliation are unacceptable and will result in disciplinary action.
  • Make reporting procedures clear, accessible, and free of fear of retaliation.

Provide Comprehensive Training

  • Regular training on anti-harassment and respectful workplace policies helps prevent issues and reinforces accountability.
  • Include leadership training to equip managers with the tools to address and escalate concerns appropriately.

Conduct Thorough Investigations

  • Investigations should be fair, timely, and impartial. An external workplace investigator, such as Neil Hain Dispute Resolution, ensures unbiased handling of sensitive cases.
  • Preserve confidentiality to protect all parties involved.

Support Victims of Harassment

  • Offer access to mental health support and accommodations for those impacted.
  • Recognize the courage it takes to come forward and maintain a culture that values transparency.

For Employees: Know Your Rights

As an employee, it’s critical to understand your rights in the workplace:

  • Right to a Safe Workplace: Harassment and retaliation are not acceptable. Employers are legally obligated to provide a safe work environment.
  • Right to Report Misconduct: Reporting harassment or misconduct should not lead to retaliation or threats.
  • Right to Fair Treatment: If you’re accused of misconduct, you have the right to a fair and impartial investigation.

If you’re experiencing or witnessing harassment, document incidents and seek advice from a trusted workplace investigator or legal professional.

Similar Cases

Cases like this one are not unique. In Boucher v. Walmart Canada Corp. (2014 ONCA 419), the Ontario Court of Appeal awarded damages for emotional distress caused by workplace bullying and retaliation. The plaintiff in that case was subjected to a hostile work environment after complaining about harassment, which led to constructive dismissal.

In Strudwick v. Applied Consumer & Clinical Evaluations Inc. (2016 ONCA 520), the Ontario Court of Appeal found that an employer’s campaign of harassment against a deaf employee, including belittling and isolating her, constituted both harassment and constructive dismissal, leading to significant damages awarded to the employee.

In Merrifield v. The Attorney General (2017 ONSC 1333), officer Merrifield claimed harassment and retaliation after running for political office. The Ontario Superior Court recognized a new tort of harassment and awarded damages. However, this was overturned by the Ontario Court of Appeal in Merrifield v. Canada (Attorney General) (2019 ONCA 205), which rejected the new tort of harassment, vacated the damages award, and emphasized existing legal remedies for workplace harassment.

These cases reinforce the principle that harassment and misconduct can result in significant legal and financial repercussions for employers who fail to act.

How Neil Hain Dispute Resolution Can Help

Workplace investigations require a careful balance of empathy, professionalism, and expertise. At Neil Hain Dispute Resolution, we specialize in:

  • Conducting thorough and impartial investigations into workplace misconduct.
  • Providing mediation to resolve conflicts and restore trust.
  • Offering training and policy advice to prevent future issues.

If your organization is facing a workplace investigation or needs guidance on harassment and misconduct, contact us at Neil Hain Dispute Resolution for expert support.

Final Thoughts: Prevention and Accountability

The Sinnott case serves as a reminder that harassment can severely damage workplace culture and trust. Employers must take proactive steps to address these issues, ensuring that all employees feel supported and safe. By acting decisively and seeking professional guidance, organizations can navigate workplace investigations effectively while fostering an environment of accountability and respect.

For more information on workplace investigations or to discuss how Neil Hain Dispute Resolution can assist with your organization’s needs, visit neilhaindr.com.