October 3, 2007

IF the draft of the Workforce Equity Act 2007 is to address disadvantaged black Bermudians, then it should extend beyond the private sector companies. The Bermuda Government, which seeks to fine companies up to $50,000.00 for blocking the progress of black Bermudians in the workplace, should start by fining themselves.

It amazes me how fast the Government can draft legislation for everyone else to abide by, yet allowed an outstanding matter involving a Civil Servant's discrimination complaint to drag on for over five years.

How quickly Deputy Premier Paula Cox was able to stress that the document was only a draft at this stage and could be altered following consultation with the community.

With a Career Path document in effect in a department which falls under Deputy Premier Cox's Ministry, a black Bermudian Civil Servant had his progress blocked from every possible angle.

When he was next in line for promotion according to the Career Path document which was in place when he applied for vacant positions in the department he worked in, they scrapped the Career Path document and introduced an exam; when he mentioned that there were all females at the top, two other black males were put in the positions to balance the equation (all after the complaint had been filed).

The excuse they used to hire from overseas was that there was no one on the island who had the required degree plus five years' senior management experience, however, went on to hire a non-Bermudian who lacked the degree requirement and then her Bermudian replacements either lacked the degree requirement or the experience required for the post.

Is confining the complainant to a shed for a four-year period considered "development" when the previous practice was to rotate staff every two years?

It's no fault of the complainant that his employer doesn't wish to allow him the opportunity to gain the experience he supposedly lacks. Had he not been denied the opportunity for advancement five years ago, to date he could have had the senior management experience required.

After all, other applicants have been accommodated in positions despite their shortcomings.

It's unfair that only one individual at the Attorney General's Chambers is familiar with this case which has seen numerous delays due to his unavailability (i.e. overseas engagements, acting appointments etc.).

Despite Minister Derek Burgess and the Public Service Commission Regulations stating that qualified Bermudians should be receiving first preference over non-Bermudians, in addition to the General Secretary of the Bermuda Public Services Union stating that, "I can state that no contract worker can give direction to a civil servant, period", a qualified Bermudian has still been disadvantaged in several promotional processes within the civil service.

In previous Letters to the Editor, I have shared my views on this specific case especially after hearing the comments of Minister Burgess and the BPSU.

An attorney for the BPSU has since claimed that the complaint to the Human Rights Commission regarding allegations of bias etc, in this case were found to have no supportive evidence. Personally, I wouldn't be so swift to draw that conclusion without being apprised of all the facts.

My question is, were all the facts presented?

We've already seen the startling comments of the former Executive Officer of the Human Rights Commission, Mr. David Wilson in a newspaper article when he mentioned the former Director of Human Affairs, Ms Brenda Dale's involvement in another process in which she ordered him to put selected transcript evidence before the commission, only evidence that she approved.

Was she disciplined for this or did she receive a promotion? (She was also involved in the Human Rights process that I continuously refer to).

This appears to be another case of one set of rules for the private sector and another set for the Government. Can this Ggovernment be accused of condoning actions within the Civil Service which could otherwise result in fines for other companies?

Based on the information mentioned, shouldn't the Workforce Equity Act 2007 apply to the Civil Service as well? In other words, shouldn't they practice what they preach?

JENNIFER CAINES

Devonshire

NB: Bermudians, whether black, white or other, in this particular Human Rights case, your support is very much appreciated.