Does the fact that a grievor feels or believes she was a victim of workplace harassment or insubordination in an employment tribunal (i.e. a union representing the grievor during the investigation of a harassment complaint)?

None of this is to “blame the victim.” It is simply to say that the fact that the grievor feels or believes she was a victim does not in and of itself prove that she was in fact a victim; or that the Employer did anything wrong. I can accept that the grievor found it stressful to be the subject of investigations for possible insubordination or harassment. But stress is a normal part of working life. It is not enough in and of itself enough to establish cause for disability or inability to work: see, for e.g., Attorney General of Canada v. Gatien 2016 FCA 3 at para.48. To conclude otherwise would be to elevate subjective feelings alone to proof of causation on a balance of probabilities. And that is not the law or the arbitral jurisprudence as I understand it. Issue 9: Union Representation During Investigation of A Harassment Complaint