Cop wins landmark case

A British police officer who was unfairly passed over for promotion in Bermuda has won a landmark legal case.

Michael Harkin was discriminated against on the basis of his place of origin, a Human Rights Board of Inquiry found this week.

The Board also found the decision to transfer him from the firearms department to Magistrate’s Court duty and not renew his contract after he told his bosses he had taken the case to the Human Rights Commission was a violation of his human rights.

Last night Police Commissioner Michael DeSilva expressed concern about the ruling and said he was considering appealing against the decision.

He told the Sun: “I received a copy of the judgment yesterday (Wednesday) but I have not had the opportunity to discuss the matter fully with our legal representative.

“I am, however, particularly concerned by the ruling on the officer’s transfer. The officer was transferred because he was leaving the Service and he had to be removed from a critical operational area to avoid getting involved in any serious incidents before he left.

“The ruling may also undermine the autonomy of the Commissioner to control the operations of the Bermuda Police Service, transfer officers where the exigencies of the Service require and authorise which specific officers may carry firearms.”

Mr Harkin, who has moved back to the UK, now stands to receive a compensation payout — although the exact figure has not been established.

Mr Harkin’s lawyer, Allan Doughty, told the Bermuda Sun: “My client is very pleased with the ruling but will reserve any further comment until the issue of compensation has been resolved.

“This ruling is significant in that it firmly establishes the primacy of the Human Rights Act within Bermudian legislation.”

PC Harkin came to Bermuda in February 2005 on a five-year contract.

And during that time he worked in the Underwater Search and Rescue Team as well as the Firearms Unit.

In 2009 he completed the lengthy and rigorous process for promotion from PC to Sergeant and was told he had come fourth.

But in August 2009 the then Deputy Commissioner Michael DeSilva told Mr Harkin he could not be promoted until the issue of his work permit had been settled.

As a result, the British officer filed an official complain with the BPS and informed them he had also reported the matter to the Human Rights Commission. A couple of months later, on November 30, his employment was terminated by Commissioner George Jackson.

He was then put on Magistrate’s Court duty and told to take vacation leave to the end of his contract in February 2010.

Mr Harkin’s legal team contended he should not have been overlooked for promotion because of his status. 

And they said that his contract was not renewed and he was shifted to a less well-paid position in ‘retaliation’ for him making the allegations of discrimination to the Human Rights Commission.

And the Board upheld his case by finding he had been unlawfully discriminated against, contrary to the Human Rights Act, by being placed in a separate line of promotion on the basis of his place of origin.

The Board also found that the Commissioner of Police ‘retaliated’ against Mr Harkin, contrary to the Human Rights Act, by transferring him from his assignment as a firearms officer to Magistrate’s Court duty.

And finally they held the Commissioner had retaliated against Mr Harkin, contrary to the Human Rights Act, by failing to renew his contract. n