The province’s ombudsperson says a flawed investigation guided by suspicion and driven by rushed decision-making led to the wrongful firing of seven drug researchers — one of whom later took his own life.
Jay Chalke concludes in a 488-page report, entitled Misfire, that the researchers suffered significant personal, financial and professional harm in 2012 after the Ministry of Health unfairly alleged a privacy breach and contract irregularities, fired the employees and cancelled contracts, and claimed the RCMP was investigating.
Among 41 recommendations, Chalke calls for government to make “goodwill” payments ranging from $15,000 to $125,000, and in some cases provide written apologies to the people affected.
He also recommends the province establish a $500,000 scholarship endowment at the University of Victoria in memory of researcher Roderick MacIsaac, who died by suicide.
Chalke concluded that MacIsaac did nothing wrong — nor did any of the other dismissed employees.
“Mr. MacIsaac’s death was a tragedy that has cast a dark shadow over this entire affair,” Chalke said Thursday at a news conference.
Kim Henderson, deputy minister to the premier and head of the B.C. Public Service, said the government will implement Chalke’s recommendations.
“I would like to offer my unqualified and comprehensive apology to all who were adversely affected by public service conduct,” she said.
Chalke’s report says the case began with a complaint about contracting and data practices that was “almost entirely inaccurate.”
The complaint, made by a -person with a sincere belief but minimal knowledge, was never properly assessed by investigators, some of whom described the process as “chaotic” and “unorganized.”
Ministry investigators made assumptions and jumped to conclusions, Chalke found.
“Objectivity is fundamental to a fair and effective investigation. Based on our review of taped evidence, transcriptions, documents and talking to individuals involved in the investigation, we consistently found investigators did not approach interviews with an open mind,” Chalke said.
“The tone adopted by some interviewers in some interviews was in many cases disrespectful, badgering and confrontational. These investigations were conducted unfairly and ineffectively and resulted in decisions being made on the basis of unreliable, incorrect and incomplete conclusions.”
Based on the work of the investigators, ministry officials wrongly concluded that the employees’ conduct warranted dismissals, he found. The breakdown occurred in part because controls and practices were not followed.
The dismissals were rushed, the human resources process effectively collapsed and there was confusion about the scope of the legal advice provided. All of that resulted in terminations that were unjustified, he said.
Chalke said the decision to fire six health ministry employees was made by former deputy health minister Graham Whitmarsh. A seventh employee was constructively dismissed.
Premier Christy Clark, outgoing health minister Mike de Jong and John Dyble, the deputy minister to the premier, were all aware of the investigation, but Chalke found no political interference.
When the government announced four dismissals and three suspensions in September 2012, it said it had asked the RCMP to investigate — a statement that caused undue hardship, Chalke found.
RCMP had told the ministry that they would not decide whether to investigate until after receiving a ministry report. Ultimately, there was no RCMP investigation.
Chalke said ministry staff and lawyers were still discussing whether to mention the RCMP less than an hour before the press conference about the firings — an unnecessary, self-imposed deadline.
Margaret MacDiarmid, who became health minister the day before the press conference, said no one shared any concerns with her.
“I just did not understand the consequences of even breathing the letters RCMP. I had no idea and no one told me,” she said.
Further, she was “horrified” to learn of the allegations against researchers.
“According to Minister MacDiarmid, Minister de Jong told her that he had left her with a ‘pretty big problem’ and apologized in advance,” the report says.
The destructive effect of the investigation went beyond those employees who were directly dismissed. The government also suspended or terminated ministry contracts, Chalke said, giving the example of Blue Thorn Research and Analysis, which was working on public health research.
“The suspension of the Blue Thorn contract resulted in the firm’s collapse and resulted in the interruption or loss of employment for nearly 10 individuals,” Chalke said.
Chalke said his recommendations are aimed at fixing problems in public administration, not recrimination.
In addition to the “goodwill” contributions to affected individuals, he also recommends creating whistleblower legislation that would protect whistleblowers and those who face accusations, by clearly defining the process for investigating allegations.
He asked the province to respond by April 20.
