PSC blocks disclosure of documents to tribunal looking into unfair dismissal claim
The Public Service Commission has moved to block the disclosure of documents requested by a Tribunal looking into the discrimination complaint of an Airport Customs Officer.
Troy Caines claims Government discriminated against him three years ago when he applied for ? but did not get ? the position of Assistant Collector of Customs.
His lawyer, Mark Diel, met with the Chairman of the Tribunal Kim White and Melvin Douglas, who is representing the Attorney General?s office and Public Service Commission, last week to discuss disclosure of documents he had requested a month ago.
The Public Service Commission refused to make the documents available on the grounds that the Governor had signed an order preventing their disclosure.
Mr. Diel said the documents are vital if his client is to receive a fair hearing.
While he had hoped to have that decision examined, the Governor last week issued an amended order prohibiting the disclosure of ?additional? documents in connection with the matter.
The amended order states that the Tribunal can use documents they currently possess but the disclosure of other related documents was deemed ?contrary to the public interest?.
The documents Mr. Diel already has include Mr. Caines? curriculum vitae and that of the foreigner eventually hired by Government, as well as the advertisement for the position.
?These documents are considered fine, but any other documents would be ?detrimental to the integrity of the Public Service Commission?, or so I?ve been told,? Mr. Diel said.
He added that this was rather ?ironic? since the Government is currently discussing a Public Access to Information initiative.
Mr. Caines took his grievance to the Human Rights Commission in 2002 on the grounds of discrimination based on country of origin and race.
He claimed the person who was eventually hired for the position was unqualified.
Mr. Caines argues that he had surpassed the educational requirements for the position of Assistant Collector of Customs but was told he did not meet managerial requirements that were set in Bermuda and consequently the search was extended abroad.
One of these educational requirements was a Bachelor of Arts in managerial science, or equivalent.
Mr. Diel said: ?They went abroad and hired someone who has a degree in English and Italian... need I say more??
Tribunal hearings into the matter are set to begin on November 7.
