The hunt for whistleblowers is over at the Integrated Health and Social Services Center (CISSS) of the North Shore. After having sanctioned employees suspected of having denounced shortcomings in a center for young people in difficulty in Baie-Comeau, the organization now recognizes the right of staff to make public denunciations.
In an amicable agreement reached in December 2023, the CISSS de la Côte-Nord abandoned its grievance for breaches of the “duty of loyalty” of employees considered to be whistleblowers. The government agency also agrees to pay $40,500 in financial, moral, punitive and exemplary damages to the union of these employees.
The Alliance of Professional and Technical Personnel in Health and Social Services (APTS) is delighted that the agreement confirms “the right of the Union to make public denunciations” and “the right of employees to act as whistleblowers”.
“It may give pause to employers” who are tempted to sanction employees who denounce facts of public interest, reacted Maude Fréchette, national representative of the APTS on the North Shore.
“We are happy with the conclusion of this file, because there was a wave of fear among employees [qui craignaient de se faire sanctionner pour de soi-disant manquements au devoir de loyauté] “, she added.
Gaps at the DPJ
This story dates back to March 2021. Journalist Stéphanie Vallet, from Dutyrevealed in a report a series of administrative shortcomings in a rehabilitation center of the Direction de protection de la jeunesse (DPJ) located in Baie-Comeau, on the North Shore.
The investigation of Duty had revealed a lack of space and staff at Pavillon Richelieu, which welcomed around forty young people aged 5 to 17, the majority of indigenous origin. Some were only in school part-time. Others slept temporarily on a mattress placed on the floor, in a room that is usually used to isolate young people in crisis.
The CISSS de la Côte-Nord affirmed that it has since taken a series of measures to correct the situation. A new care unit has notably been set up. Additional staff were also hired, amid a shortage of workers.
The employer also attempted to identify the employees who spoke confidentially to the journalist. The CISSS argued that the employees and their union had contravened the “duty of loyalty” by revealing confidential data about young people housed at Pavillon Richelieu.
A flawless investigation
A grievance arbitrator had rejected the CISSS strategy, in a decision of March 2023. Arbitrator Jean-Yves Brière stressed that the investigation of the Duty did not contain “any confidential information” allowing the young people to be identified. He also declared that the emails of six employees of the CISSS de la Côte-Nord were spied on by the employer “without reasonable grounds”.
These emails were obtained illegally and are not admissible as evidence, the arbitrator ruled. He recognized that a public body like a CISSS “has a rational reason to ensure that its staff does not disclose any confidential information concerning users. However, the Court considers that the employer did not have serious and reasonable grounds which justified it having access to the emails of these employees. »
At the same time, the Quebec Press Council also rejected in October 2022 a complaint from the CISSS de la Côte-Nord, which called into question the reliability of the information published by The duty.
The union which represents DPJ employees on the North Shore is delighted that this “saga” of the hunt for whistleblowers is indeed over. The amicable agreement confirms the right to reveal facts of public interest even if the case has not been the subject of a formal arbitral decision, argues Maude Fréchette, of the APTS .
The agreement provides that denunciations must be made in accordance with “the criteria established by case law”. Statements must be “free of malice and falsehood and [respecter] confidentiality and the right to privacy of users”. Whistleblowers must also comply with the Act to facilitate the disclosure of wrongdoing regarding public bodies.
For its part, the CISSS de la Côte-Nord indicated to the Duty that he had nothing to add in this matter.