PDP RENEWS CALL FOR ‘WHISTLEBLOWER’ PROTECTION
Local disability group urges inquiry
Progressive Democratic Party the PDP has renewed its call for the introduction of a ‘Whistleblowers Act’ in light of the “dramatic” developments in the Joanna Hernandez case.
According to Nick Cruz this case demonstrates how citizens need protection from a powerful executive.
“However much the Government would like to spin these events Joanna Hernandez maintains that she was unfairly dismissed because she reported what she thought were serious concerns about the treatment of the most vulnerable in our society and did not feel these reports were being properly considered,” he said yesterday.
“Irrespective of the merits of the allegations she made (something that the PDP says should be the subject of a public enquiry) the bottom line is that she made waves and instead of being treated seriously she says she was just brutally fired” said Mr Cruz.
He argues that to make matters worse she has had to go through the indignation of years of trying to prove that her treatment was unfair only for this to be conceded at the outset of the hearing.
This personal cost as well as the cost to the tax payer, which runs into thousands, should have been avoided, he said.
The introduction of a Whistleblowers Act similar to the Public Interest and Disclosure Act in the UK would have avoided that, says Mr Cruz adding that such legislation could enable the likes of Joanna Hernandez to have been suspended pending investigations of the merits of the allegations made.
“It would also mean that any employer simply sacking somebody on the grounds that they have reported issues where they reasonably believe that a criminal offence has been committed or the health or safety of an individual is endangered would be entitled to a finding of unfair dismissal,” he said.
The PDP recalled a recent statement where it said: “In a place as small as Gibraltar where the power of Government is so close to the individual it is even more important that the individual is protected from potential victimization or state bullying simply because he or she challenges the powers that be. This is particularly vital where all that the individual is doing, at great personal loss, is raising issues of public interest and concern”
Meanwhile, the Gibraltar Local Disability Movement has also said that the failure to resolve the allegations is a matter of concern.
They state that “now that government has put the lid on the Industrial Tribunal it seems that the witness statements on the sexual allegation of sexual abuse within the Dr Giraldi Home will not be told.”
The Gibraltar Local Disability Movement asks why Government has not itself referred allegations to the police.
The G.L.D.M. hoghlights that under the Social Services Agency Act, 2002, under duties of the Agency, article (f) it must ensure that all complaints made against the Agency or any employee or contractor of the Agency are properly investigated without delay. And adds why has this not been done, and if it has what were the findings.
The Gibraltar Local Disability Movement ends by saying that a full independent public inquiry into the allegations involving the Dr Giraldi Home should be undertaken. Mr. Nelson spokesman, for the movement, said that where there are statements alleging drug and sexual abuse “all of us in Gibraltar must react to this by showing the feelings or thoughts we have.”
“We should have a medium in which the public may debate this issue or express opinions, one of the options could be as in a GBC Viewpoint,” he said.
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