Labour board orders Health Canada to reinstate whistleblower
Union deems decision against scientist's colleagues diminishes health and safety of Canadians
Union deems decision against scientist's colleagues diminishes health and safety of Canadians
The Public Service Labour Relations Board has ordered Health Canada to reinstate an Ottawa whistleblower scientist it fired seven years ago. However, it rejected grievances by two other scientists fired the same day.
In a 208-page decision, the board told Health Canada to reinstate Dr. Gérard Lambert, who worked in the Veterinary Drugs Directorate prior to his termination on July 14, 2004. But after a process that lasted fourand-a-half years and included more than 150 days of hearings, the board upheld the dismissals of Lambert's colleagues, Dr. Shiv Chopra and Dr. Margaret Haydon.
For years prior to their dismissal, the three - all of whom worked as drug evaluators at Health Canada - were publicly critical of the department for inadequately protecting the safety of Canada's food system. However, the government has always denied that they were fired for speaking out, saying their termination was due to "insubordination."
At a press conference Monday, Gary Corbett, president of the Professional Institute of the Public Service of Canada, called the board's decision "a sad day" for Canada. Public servants play a critical role in protecting the health and safety of Canadians, he said. As a result of the labour board's decision, "perhaps that role is diminished now."
"This is another unfortunate example of public service professionals being prevented from voicing their expert opinion to protect the public."
Prior to their firing, all three scientists had been suspended for speaking to the media about their food safety concerns on a number of occasions. When Health Canada informed them in 2004 that they were being fired, the letters of dismissal made no reference to their public statements. Rather, they cited the failure of each of the scientists to make progress on work assignments they had been given. That failure was deliberate and insubordinate, Health Canada told them.
According to evidence presented at the labour board hearing, Lambert was fired for failing to provide an update on an assignment and failing to demonstrate progress on his assigned task. That amounted to insubordination, Health Canada asserted. However, the board found that the department "was hasty in reaching the conclusion that it did and that it did not fairly assess his progress on the assignment."
By contrast, the labour board agreed that Chopra "actively avoided his assigned work and that he was insubordinate.""In an employment relationship, the employee must follow legitimate instructions," the decision says. "The workplace is not a democracy in which supervisors must convince employees of the merits of following a particular order."
The board noted that Chopra already had three suspensions on his record, one of which was for insubordination and another for speaking to the media. The latter, it said, "was a further demonstration of his lack of respect for his employer."
With respect to Haydon, Health Canada's initial concern about her performance hardened into a conviction that she was engaged in a "deliberate and systematic attempt to 'avoid and evade' work assigned to her" when she was asked to review submissions on a proposed drug.
Haydon "displayed a conscious disregard of the standards and work expectations of a senior evaluator, which rendered her conduct deliberate," the labour board concluded.
Chopra, the most outspoken of the three scientists, reiterated his belief Monday that public health is being harmed by "the wrongdoings at Health Canada" in support of corporate interests. He said the scientists had an obligation to inform Canadians of that. "This is a sad day for democracy, as far as I'm concerned."
Labour board orders Health Canada to reinstate whistleblower
In a 208-page decision, the board told Health Canada to reinstate Dr. Gérard Lambert, who worked in the Veterinary Drugs Directorate prior to his termination on July 14, 2004. But after a process that lasted fourand-a-half years and included more than 150 days of hearings, the board upheld the dismissals of Lambert's colleagues, Dr. Shiv Chopra and Dr. Margaret Haydon.
For years prior to their dismissal, the three - all of whom worked as drug evaluators at Health Canada - were publicly critical of the department for inadequately protecting the safety of Canada's food system. However, the government has always denied that they were fired for speaking out, saying their termination was due to "insubordination."
At a press conference Monday, Gary Corbett, president of the Professional Institute of the Public Service of Canada, called the board's decision "a sad day" for Canada. Public servants play a critical role in protecting the health and safety of Canadians, he said. As a result of the labour board's decision, "perhaps that role is diminished now."
"This is another unfortunate example of public service professionals being prevented from voicing their expert opinion to protect the public."
Prior to their firing, all three scientists had been suspended for speaking to the media about their food safety concerns on a number of occasions. When Health Canada informed them in 2004 that they were being fired, the letters of dismissal made no reference to their public statements. Rather, they cited the failure of each of the scientists to make progress on work assignments they had been given. That failure was deliberate and insubordinate, Health Canada told them.
According to evidence presented at the labour board hearing, Lambert was fired for failing to provide an update on an assignment and failing to demonstrate progress on his assigned task. That amounted to insubordination, Health Canada asserted. However, the board found that the department "was hasty in reaching the conclusion that it did and that it did not fairly assess his progress on the assignment."
By contrast, the labour board agreed that Chopra "actively avoided his assigned work and that he was insubordinate.""In an employment relationship, the employee must follow legitimate instructions," the decision says. "The workplace is not a democracy in which supervisors must convince employees of the merits of following a particular order."
The board noted that Chopra already had three suspensions on his record, one of which was for insubordination and another for speaking to the media. The latter, it said, "was a further demonstration of his lack of respect for his employer."
With respect to Haydon, Health Canada's initial concern about her performance hardened into a conviction that she was engaged in a "deliberate and systematic attempt to 'avoid and evade' work assigned to her" when she was asked to review submissions on a proposed drug.
Haydon "displayed a conscious disregard of the standards and work expectations of a senior evaluator, which rendered her conduct deliberate," the labour board concluded.
Chopra, the most outspoken of the three scientists, reiterated his belief Monday that public health is being harmed by "the wrongdoings at Health Canada" in support of corporate interests. He said the scientists had an obligation to inform Canadians of that. "This is a sad day for democracy, as far as I'm concerned."
Labour board orders Health Canada to reinstate whistleblower
