Protect the whistleblowerFebruary 3, 2011Dear Sir,Please allow me an opportunity to express why I feel Bermuda desperately needs whistleblower legislation. Currently, civil servants have a Code of Conduct which they must abide by, and there is also a Dignity at Work and Complaints Procedure available to them. When certain complaints are made in relation to employment matters, however, they are not always handled appropriately. When this happens, there is no provision for an aggrieved civil servant to seek assistance from the Ombudsman for Bermuda. If civil servants are sworn to secrecy and are not permitted to speak or defend themselves publicly and their union, which has an obligation to represent its members, fails to do so, then what other recourse, besides the Human Rights Commission, is there for that civil servant? Civil servants are basically gagged and it is, therefore, very easy for an abuse of power to occur.Prior to the Minister Paula Cox becoming Premier of Bermuda, she acknowledged that politicians and policymakers are accountable public servants who have a social contract with the community, of which I am a part. Minister Cox also made the statement that, “We have to dare to do things differently than they have been done....” and this statement I agree with wholeheartedly. Unfortunately, from my point of view, it appears as though there is a continuation of what has been done before, and I feel compelled to speak my mind. I remember sitting in the Supreme Court listening to a human rights case and hearing one of the respondents (a senior civil servant at that) jeeringly blurt out for all to hear: “He can’t even make it past the first hurdle!”My immediate thought was, “the word ‘hurdle’ indicates to me that obstacles are being placed in the path of the complainant”. This type of comment simply reveals the mindset of that individual, and it is extremely disturbing when this individual continues to play a key role in recruitment processes, which are supposed to be unbiased and unprejudiced. Must we wonder why there is a decline in society if this is the example that is being set at the top? When high ranking civil servants set this type of example, what does this say about the system?There are also other incidents that have caused me to raise my eyebrows in amazement. For instance, someone with less than five years experience on a job was given the task of interviewing individuals with up to thirty plus years experience. The may years experience of those senior officers, obviously, meant nothing, not to mention the Uniform Services Development Courses or even post graduate qualifications. It’s mind boggling that they would even appoint a Designated Recruitment Manager with only five years experience to interview individuals who have been on the job six times longer than himself, and they be deemed unsuitable to occupy a position under the rank of the interviewer. Is this what they call ‘leadership by design’?What also comes to mind is a conversation I had with a senior government official who was one of the panelists for an interview process that I am familiar with. I mentioned that the system is crumbling because the wrong criteria is being used in selection processes. The individual’s response gave me the impression that they basically follow orders from the top. If they didn’t side with the majority, they would end up swimming against the current, so rather than being courageous enough to go against, it was easier to just go with the flow. What should one think after hearing this comment?Another incident: An applicant shows up the day before an interview to verify the location. The receptionist confirms the location and the applicant then asks the receptionist to confirm the time of his interview. She pulls out a sheet of paper with all the candidates’ appointment times listed and, low and behold, the applicant sees that his name is the only name highlighted on the list. If he was unsuccessful in this process, why was his name highlighted before he was even interviewed? Mind you, this is the same individual who the senior Civil Servant was referring to when she stated that he couldn’t even make it past the first hurdle.This leads me to the point that: “Reprisals or actions against anyone who complains to the Commission (HRC), or who assists with a complaint, are forbidden.”With the introduction of the whistleblower legislation we may begin to see less of the abuses we’ve seen in some of the Government departments in the past, and more accountability. Rather than individuals feeling that they must toe the line and go with the flow, they may be more inclined to think independently and speak out against unfair and/or corrupt practices. This will then make way for a little more dignity and respect in the work place.JENNIFER CAINESDevonshire