Sunday, May 27, 2012
Bob Paulson’s Dilemana
The Vancouver Province is reporting that B.C.’s top Mountie could have blocked the controversial transfer to B.C. of a disgraced Alberta Mountie, but decided not to. Here we have an idiot using the same old infamous command culture on civilians. I could have blocked his transfer but I decided not to and that decisions stands. Basically he is telling the public to f off. He will do what he wants when he wants and we have no say in the matter. That is not the way to restore trust that has been lost.
Now we need two people to leave: Don Ray and Craig Callens. Bob Paulson took the top dog position governing the RCMP in Ottawa. He did so amidst a flurry of bad press about sexual misconduct within the RCMP. He vowed swift justice for misbehaving mounties. Sadly, he has dropped the ball on this case and that diminishes all of us.
Not only is it wrong to transfer Don Ray to BC, it is ilegal. Bob Paulson appears to be genuinely frustrated with the case admitting that the actions of a senior Alberta Mountie who engaged in a pattern of inappropriate behaviour and sexual misconduct, as well as the punishment he received, represent a "sorry, sad and shameful set of facts,"
Bob Paulson said the case of Donald Ray underscores a need to revamp the force's disciplinary system, and that the force is pursuing legislative changes to make that happen. "If I could change this case I would, I cannot," he said. "What I can do is make sure that we get a system where this sort of frustration is eliminated."
The problem culminates in a three-member adjudication-board that decided not to terminate Don Ray. That is the prime absurdity. Surely that decision can be appealed because it is clearly illegal. This is why there is a class action law suit against the RCMP as we speak. That employer has failed to enforce the laws protecting employees from sexual harassment and are now legally liable for damages.
They were sure quick to fire Al Dalstrom for doing his job and telling the truth. That wrongful dismissal resulted in a multi million dollar out of court settlement just to get a gag order on the reasons he was wrongfully fired. Under normal circumstance, labour law does protect employees from wrongful dismissal. Sexual harassment is not one of those allowable provisions. It’s the opposite. The employer can be held legally liable for not firing a person who has committed sexual harassment.
Take innocent absenteeism for example. The employer has a right to expect the employee will come to work. Yet people are allowed to get sick. If someone calls in sick a lot, we're not talking about a single long term illness for something like cancer, were talking about erratic ongoing illnesses which prevent an employee from attending work on a consistent basis. People can get fired for that. Yet there is a legal process involved.
First, the employer has to establish that the absences are excessive. They are more than twice the average absenteeism. Second, they have to establish that it is chronic, it has happened over a long period of time despite being warned by the employer in writing that these absences will affect their job. Finally, they have to establish that there is no likelihood of the absenteeism ever improving. That’s the hard part.
My point is, people can get fired for innocent absenteeism. It’s hard and frustrating for an employer but it is possible. Yet sexual harassment is very different. Since the employer is under legal obligation to protect it’s employees from sexual harassment, termination for sexual harassment is pretty much automatic. In ANY other industry, Don Ray would be fired. Surely one would expect the RCMP would have a higher standard than the private industry on this matter not a lower standard.
This three member adjudication board has made an illegal decision. That needs to be addressed. Telling the public to suck it up is wrong. This has destroyed what little faith there was in the RCMP. For those who hated cops, it fuels their fire. For everyone else who supports law and order it is a slap in the face. Take a look at the comments in the Vancouver Province’s Back Chat on the issue.
The RCMP has made a grave mistake in not dumping this guy. They promised that was what they would do to restore confidence in the force. And yet here they are.
CLEAN YOUR HOUSE
We keep hearing the bad cops are few. If this is true then why aren't the good cops getting rid of them. You want to walk with pride? Clean your own house.
PASSING THE TRASH
Transfers like this are a time-honoured tradition. It's called passing the trash.
BAG OF WIND
The new boss in Ottawa said he would clean up the force.
This proves that he is nothing more than a bag of wind.
There are even jokes about having to change the name of the RCMP because of the new term mounted police has a negative conotation. It's tragic and undemocratic. The RCMP are Public Servants. Tax Payers pay their salary. To boldly declare their opinion doesn't matter is a very alienating slap in the face. One could respond with OK let's just sue their ass. But who would pay the settlement? Taxpayers. That is why the RCMP need to be publically accountable. Right now they are not and that needs to change.
Other important questions we’re going to have to ask is how on earth did Barbara George get her job back? Why on earth was she so confident that she was going to get it back? Who else was involved and ultimately responsible for the RCMP Pension fraud?