Ex-Dyncorp Employee Wins Whistle Blower Claim
(2 pages)
August 02, 2002
For immediate release
PRESS RELEASE
EX-DYNCORP EMPLOYEE WINS WHISTLE BLOWER CLAIM
A former Police Monitor attached to the International Police Task
Force located in Bosnia Herzegovina has won her claim for unfair
dismissal against her employers, Dyncorp Aerospace UK Ltd. The
Southampton Employment Tribunal, in a damning 21 page judgement, found
that the real reason for the dismissal was because she had disclosed
information relating to the failure of her employer and others to take
adequate action in relation to the trafficking of women and children in
Bosnia Herzogovina.
Kathryn Bolkovac, a former police officer from Nebraska U.S.A., was
recruited by Dyncorp in June 1999 to become part of the international
community assisting in the rebuilding of Bosnia - Herzogovina. Dyncorp
is contracted by the US State Department to provide, amongst other
things, personnel to overseas missions. She became a member of the
International Peace Task Force (IPTF) well respected for her work as a
gender monitor, initially tackling issues of domestic violence. However
increasingly her work became more involved with dealing with the victims
of an extensive trade in the illegal trafficking of women and children
for the purposes of prostitution. Ms. Bolkovac became aware through her
investigations that UN personnel, including Dyncorp employees, were
involved..
She became increasingly concerned by the
failure of police monitors and those responsible for them, particularly
her employer, to recognise the seriousness of the problem and deal with
it appropriately. On 9th October 1999 Ms. Bolkovac sent an email to
personnel in the UN and Dyncorp describing the nature of trafficking and
abuses perpetrated on women victims, she stated that some of the
perpetrators were members of Special Forces, IPTF personnel and
international/humanitarian employees in Bosnia Herzogovina.
A few days after sending this email Ms. Bolkovac was demoted, moved
away from involvement in human rights work. In April 2001 she was
dismissed.
Unanimously upholding her claim for unfair dismissal the Employment
Tribunal found that they had "no hesitation" in finding that the failure
of some elements of the UN administration including the IPTF to take an
adequate grip on the situation and do something about it was of an
exceptionally serious nature". the tribunal also found that Ms. Bolkovac
acted reasonably in making the disclosure. Accepting the arguments of
Ms. Bolkovac's counsel, Stephanie Harrison, the tribunal found the Ms.
Bolkovac's action in sending the email was a protected disclosure and
therefore a protected act under the Public Interest Disclosure Act 1998.
The tribunal found that Michael Stiers, Deputy Commission of the UN
mission in Bosnia, and a Dyncorp employee, the man who demoted Ms.
Bolkovac after her email "as from 9 October had his knife in [her] and
was determined that she should be removed from her role as a Gender
Monitor with IPTF". Dismissing Dyncorp's assertion that Ms. Bolkovac was
dismissed for falsifying time sheets, the tribunal decided that Dyncorp
employees who dismissed her acted in "complete defiance" of the
disciplinary procedure on the basis of evidence which was "sketchy to
the point of being non-existent". The tribunal decided that "There is no
doubt whatever that the reason for [Ms. Bolkovac's] dismissal was that
she made a protected disclosure".
A delighted Ms. Bolkovac said today "I am elated and thankful that
the tribunal has found in my favour on this matter. My faith in justice
and the hope that more individuals will come forward and speak the truth
is encouraged. However, I know many people will still be intimidated by
the actions of corrupt individuals and corporations who threaten them
with loss of job or future career opportunities." Ms. Bolkovac will
shortly be giving evidence in America on behalf of another Dyncorp
employee dismissed in circumstances similar to her own. Commenting on
criticism which has been made elsewhere of Dyncorp's operations, said
"By fighting Dyncorp through legal channels in Europe I hoped to gain
more international exposure to the existing problems. I believe in the
strength of individuals as a means to make individuals, corporations and
governments accountable for their actions. I hope the press will
continue to follow the workings of corporations like Dyncorp. I also
hope the American public will take a more active interest in overseas
and corporate run operations and realise that the way our government is
dealing with these operations is absolutely not the right way to do it
and certainly not in the best interest of our wonderful nation."
Ms. Bolkovac's solicitor, Karen Bailey, said "we are very pleased
with the result. For months Ms. Bolkovac has had to live under the
shadow of a dismissal for dishonesty, an allegation which would have
prevented her from returning to work as a police officer or in any of
the human rights work which she was so committed to. The decision
confirms my view of her as a woman of integrity and strength of
character. Dyncorp is an enormous operation, with strong ties to the US
government. She took on the big guns and won. The plight of trafficking
victims is appalling and I am glad that Kathryn's case has gone some way
to bringing it to wider attention. She is a significant example of the
type of person that the Public Interest Disclosure Act is designed to
protect. Like Kathryn I hope that this result will encourage more people
who become aware of wrongdoing within their organisations to speak out."
A further hearing is scheduled for October at which the tribunal will
decide upon the amount of compensation which Ms. Bolkovac should be
awarded.
For further information contact Karen Bailey on the above number, or
mobile 07967363 590.
e-mail: Karen@baileywright.com
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