The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A former senior health and safety manager with the Bahamas Telecommunications Company (BTC) has lost her $198,292 wrongful/unfair dismissal claim after she obtained a fellow employee’s medical records without authorisation.

Pauline Curry was terminated by the carrier, which is 49 percent owned by the Government, on the basis that she violated its “oath of secrecy and confidentiality policy” in going so far as to quiz members of the same employee’s bowling team about her health status.

Chief Justice Ian Winder, in upholding BTC’s decision to fire Ms Curry in an October 17, 2022, ruling, said the dispute stemmed from her dealings with Jonice Lockhart, a BTC employee who worked in credit and collections. The latter alleged in January 2018 that mold in the department was causing her to become sick, and she obtained a doctor’s diagnosis to support this.

Arrangements were made to have Ms Lockhart transferred from BTC’s then-JFK Drive head office to the company’s Perpall Tract location. Valerie Wallace, BTC’s vice-president, directed Ms Curry to send Ms Lockhart to BTC’s doctor, Dr Eugene Gray, to be examined. Following this, Ms Lockhart requested via e-mail that a third medical opinion be obtained.

BTC’s top human resources executives were away on leave when the request was made, and it was dealt with by Ms Curry. She advised Ms Lockhart that she was unable to approve payment to the Cleveland Clinic for the consultation in an encounter that triggered a “grievance complaint” against Ms Curry on March 5, 2018, alleging “bullying and insulting behaviour”.

This was addressed at a late March 2018 meeting where Ms Wallace, as a senior BTC human resources executive, Ms Curry and Ms Lockhart were all present together with representatives from their respective unions, the Bahamas Communications and Public Managers Union (BCPMU) and the Bahamas Communications and Public Officers Union (BCPOU).

Ms Curry had Ms Lockhart’s medical records in her possession and brought them to the meeting, triggering uproar among the BCPOU officials who alleged that she “had committed a breach of confidence” by obtaining them. Ms Curry countered that she needed all available documentary evidence to defend herself.

“BTC says that it was during the grievance meeting held on March 26, 2018, that it was revealed that Curry had visited Dr Gray’s office seeking additional medical records and information on Lockhart,” Chief Justice Winder wrote. “It was also learned that Curry had also sought out members of a bowling team that Lockhart was a part of, requesting photos and scores of games from them.

“During the grievance meeting Curry disclosed a copy of Lockhart’s chest x-ray report, a disclosure which was not necessary in the context of the meeting says BTC.” Then-BCPOU president, Bernard Evans, subsequently made a formal complaint to BTC management about Ms Curry disclosing his member’s private medical records, describing this as “unauthorised” and “unwarranted”.

BTC agreed, dismissing Ms Curry one month later on April 27, 2018, for breaching the company’s “zero tolerance” policy when it comes to its “oath of secrecy and confidentiality”. Ms Curry appealed the dismissal and, despite initially seeming to have succeeded after her salary for April and May was paid, the move was confirmed in June that year.

Ms Curry alleged that BTC had breached her employment contract by wrongfully or unfairly terminating her, while the carrier alleged that her obtaining Ms Lockhart’s medical records from Dr Gray was “outside the scope of her authority and unwarranted in the prevailing circumstances” since it already possessed copies.

However, Justice Winder backed BTC’s actions in finding that the termination did not breach the industrial agreement with the managers union or the Employment Act’s statute law. While finding that there was no bullying as alleged by Ms Lockhart, he agreed that Ms Curry had breached employee confidence and “it was open to BTC to find that Curry’s behaviour warranted dismissal”.

The Chief Justice added: “The gravity of her conduct, if accepted the employer as true, could not be ignored by them in the circumstances. There was no legitimate interest or otherwise proven by Curry that would have entitled her to use Lockhart’s medical information in the manner in which she did.

“I accept that BTC found no justification for Curry’s action and, in reviewing the evidence, I, too, was unable to accept the explanation given for her actions. The fact that Curry as a human resources [sic health and safety] manager saw nothing wrong with doing so is also remarkable.” As a result, Chief Justice Winder dismissed her claim.