Two of the wrongfully fired workers in the middle of the health firings scandal, and the sister of a third, say they are being compelled to take part in an unfair investigation by the BC Ombudsperson.
The firm of Caroline and Gislason is representing Ramsay Hamdi and David Scott, along with Linda Kayfish, the sister of Roderick MacIsaac the man who killed himself after being wrongfully fired, say their clients are being denied critical documents.
Fired workers want access to relevant files
The lawyers want Ombudsperson Jay Chalke to compel the release of the worker’s former government email inbox and all folders, employee performance documents, and all other pertinent information and correspondence.
It adds the government workers responsible for the wrongful firings will all have access to that information, while the fired workers do not.
The fired workers also only eligible for a thousand dollars each for legal bills to cover their testimony.
Chalke’s office in response says the legal indemnification covers all participants for $1000 and up to $25,000 for witnesses who qualify under special circumstances.
As for compelling the release of all the emails and documentation it adds the office’s job is not to be an information conduit for the province.
You can read the ‘Information for Witnesses’ document by the BC Ombudsperson’s office outlining the rules, costs, and rights for anyone called to testify HERE
Fired workers want to know who is responsible
As part of the Ombudsperson’s investigation the lawyers also want Chalke to force the release of the name of the person or persons who composed the termination letters.
Who authorized the workers be suspended without pay, and who told then Health minister Margaret MacDiarmid there was an RCMP investigation.
There never was an RCMP investigation.
To this day we don’t know who made the decision to fire the workers.
Lawyers are giving BC’s Ombudsperson an ultimatum
Lawyer Gary Caroline says the original BC Government probe leading to the wrongful firings of health workers was a “Spanish inquisition” and his clients Ramsay Hamdi and David Scott along with Linda Kayfish refuse to be re-victimized.
“Are three folks are saying that they will not participate in a process that is unfair. They have had enough of that. What they want is a level playing field that not just provides them with the legal representation that they need but also to adequately prepare their questions and their comments to the investigators.”
Caroline says that means his clients will either get their demands met or they will refuse to testify in the Ombudsperson’s investigation.
“They have authorized us to tell the Ombudsperson, which we have in writing, that if he wants to summon our three clients to an investigation or to answer questions before him or his staff without having the documents and without funding for legal representation then if he is going to enforce the summons he first has to get a court order.”
If Jay Chalke does end up going to court and getting a court order compelling his clients testimony Caroline says “so be it.”