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You are here: Home / Employment Law Issues / Two of Three Canadian Whistleblower Scientists Rightfully Dismissed

Two of Three Canadian Whistleblower Scientists Rightfully Dismissed

August 24, 2011 By //  by Robert Elliott, J.D. Leave a Comment

 
Two of three scientists fired by Health Canada in a long-running whistle blowing saga have lost a bid to get their jobs back, according to a report from The Canadian Press.
 
 
And one of the country's largest public service unions is calling it a ''sad day'' for bureaucrats who want to raise concerns about public safety.(WCxKit)
 
 
In a decision released recently, the Public Service Labor Relations Board dismissed the grievances of Shiv Chopra and Margaret Haydon, who were fired for insubordination in 2004.
 
 
It did, however, rule Gerard Lambert was wrongly dismissed.
 
The three scientists — probably the country's best-known whistle-blowers — have sparked headlines since the 1990s in a series of high-profile disputes over food safety. They said publicly they were pressured by their bosses to approve drugs despite human safety concerns.
 
 
In the late 1990s, they publicly opposed rBST, a bovine growth hormone, which enhances milk production in cows. Their criticism led to a Senate inquiry and a decision not to approve the drug.
 
 
The Professional Institute of the Public Service says it will likely appeal the 208-page decision, which followed 150 days of hearings over nearly five years.
 
 
Lambert greeted the ruling with mixed feelings. The ruling reinstated his job, and an adjudicator will have 90 days to determine how much compensation he is eligible to receive.
 
 
Speaking in a soft, halting voice, Lambert estimated that he is owed ''$250,000 at least,'' but that the ordeal has left him stressed and unhealthy. Neither he nor his two fellow colleagues found other work over the last seven years.
 
 
Prior to their firings in June 2004, the scientists raised numerous concerns.
 
 
They warned Carbadox, a drug used to promote growth in pigs, could produce carcinogenic residues. They said that Baytril, used to promote growth in cows and chickens, could produce antibiotic resistance in humans.
 
 
Chopra criticized then-health minister Allan Rock's response to the anthrax scare that followed the Sept. 11, 2001, terror attacks. The scientist questioned the expenditure of millions to stockpile antibiotics, saying the fear of bioterrorism was overblown.
 
 
Chopra and Haydon warned in 2003, before Canada's first case of mad cow disease, that measures to prevent the disease were inadequate. They called for a total ban on the use of animals parts in the feed of other animals.(WCxKit)
 
 
Chopra criticized the board for not directly addressing the broader issue of public safety in its recent ruling.

 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: [email protected].


Our Workers Compensation Guide Book:  http://www.wcmanual.com

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact [email protected].

Filed Under: Employment Law Issues, Management Commitment Tagged With: Food Safety, Hazardous Drugs, public service labor relations board, Whistleblower

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