A former 28-year government employee has become the third of seven people to sue the Health Ministry for wrongful dismissal and defamation after being fired last year in connection with an alleged privacy breach.
In a notice of civil claim filed in B.C. Supreme Court on Monday, Robert Neil Hart, former director of data access with the Ministry of Health, is suing his former employer for wrongful dismissal, breach of contract and defamation.
As well, the ministry failed to act fairly and in good faith when it dismissed Hart “in a callous and insensitive manner,” according to the claim. None of the allegations have been proven in court.
In May 2012, the Health Ministry began investigating allegations of conflict of interest and inappropriate conduct, data management and contracting out, focusing on the ministry’s pharmaceutical services division.
By the end of the year, seven people had been fired and the sharing of ministry data and contracts with the University of B.C. and the University of Victoria had been suspended.
Hart, who was 58 when dismissed, had worked for government since 1985. He became the director of data access, research and stewardship in 2008, managing a staff of about 25 employees.
On Aug. 31 last year, Hart claims, he was summoned to a meeting and “confronted with allegations of workplace misconduct.” He was suspended without pay pending an investigation into the allegations. He received notice of his firing in a Sept. 13 letter. At the time, Hart was earning an annual salary of $94,500.
As a result of the ministry’s conduct, Hart says he has suffered humiliation, depression and anxiety. He is seeking damages.
On Sept. 6, B.C. Health Minister Margaret MacDiarmid told reporters she had asked the RCMP to investigate allegations of inappropriate conduct, contracting and data-management practices involving ministry employees and drug researchers.
Hart says in the court documents such statements were defamatory.
As of Monday, the Island chapter of the RCMP’s commercial crime unit had received files from the Health Ministry but there was no investigation underway. When the police receive a final report from the government, investigators will review the information to assess whether there is enough evidence of fraud or breach of trust to warrant an investigation.
“In fact, there has been no investigation of the plaintiff by the RCMP, there has been no evidence of criminal wrongdoing, and the plaintiff has not been a party to any unauthorized release or sharing of Ministry of Health data,” reads the notice of civil claim.
Of the seven ministry employees fired, View Royal Coun. Ron Mattson and scholar Malcolm Maclure are also suing the province for wrongful dismissal and defamation.
Another three are B.C. Government and Service Employees’ Union members who filed grievances last year. UVic student Roderick MacIsaac, 46, fired just three days before his co-op term was to end, has since died.
The B.C. Coroners Service is investigating the circumstances of MacIsaac’s death.
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TIMELINE
• March: Auditor general receives tip concerning the Pharmaceutical Services Division
• May: Health Ministry officially begins its investigation into conflict of interest, along with inappropriate conduct, data management and contracting out
• June: Data access for some ministry employees is halted
• July and August: Employees are suspended from work
• Sept. 6: Ministry fires four, suspends three without pay
• Sept. 14: Ministry confirms a fifth person has been fired
• Sept. 14: Malcolm Maclure sues the ministry for wrongful dismissal, saying suspension without pay constitutes constructive dismissal
• Oct. 5: Health Ministry files counter claim, saying Maclure was fired with cause
• Oct. 24: Ministry confirms a seventh person has been fired
• Dec. 3: Ron Mattson sues the Health Ministry for wrongful dismissal and defamation, and sues Health Minister Margaret MacDiarmid for defamation
• Dec. 24: Government files response to civil claim, alleging that Mattson circumvented policies and procedures
• Jan. 8: University of Victoria PhD student Roderick MacIsaac, 46 — one of the seven fired as part of the Health Ministry investigation — is found dead in his home. Foul play is not suspected.
