Indecent Assault Case Prevents Former Hospital Employee’s Return to Work

Parbattie, who had taken one year’s leave of absence as a radiologist at Gablewoods Medical Centre in Tapion Hospital, has, since 2015, been existing jobless in Canada. She told this reporter she has been fighting a legal battle with a former co-worker who assaulted her on the job but was not disciplined by the organisation, not enough to prevent Parbattie from fleeing her home island. The first incident was on June 13, 2014, she said.

Days later there was another. Parbattie claims she reported the incidents to her then employer, Gablewoods Medical Centre. She described the experience as “shocking, embarrassing and scary,” especially since her passport was about to expire and she did not know if she would need it in case of an emergency.

Parbattie said the individual made continuous sexual advances toward her, both verbally and physically. On one occasion he left her no room for escape while he attempted to kiss. Finally she wriggled free but not before he had deposited his saliva on her neck. She said her assailant then walked away laughing.

“After much persuasion,” said Parbattie, “Gablewoods Medical Centre finally suspended my attacker in November 2014 for two weeks without pay.” On his return to work, said Parbattie, the harassment continued. In desperation she turned to the Vulnerable Persons Unit, a move, she says, that displeased her superiors. Soon afterward Parbattie took leave until the matter had been resolved. A charged was filed by the police and taken to court.

She brought the matter to the next level and made a report to the Allied Health Council. The CEO promised to deal with her complaint. She also went to the Labour Department, where she was told nothing could be done while the matter was pending before the court. In May 2015 Parbattie’s tormentor was ordered by the court to pay $500 or serve one week behind bars. Parbattie requested an extract of the conviction from the Allied Health Council, to no avail. She was told her matter was under investigation.

Last November Parbattie visited Saint Lucia, only to learn her matter was sealed by a confidentiality clause. The Council declined to discuss any other developments. In January this year, Parbattie received a letter notifying her that the Council had only learned of the court’s decision “about March 2018” and would accept the court’s decision as its own.

Parbattie’s agitation stems not from the level of assault but from her perpetrator’s continued harassment while she was employed at Gablewoods Medical Centre. The Allied Health Council, which was at press time not available for comment on its code of ethics, disciplinary methods or the specific matter, is authorized to take disciplinary action independent of the criminal court. Also, according to the Health Practitioners Act of 2006, any practitioner convicted of a criminal offence, except a minor traffic offence, is ineligible for registration with the Council.

Parbattie’s concerns have escalated over the years, as she was unable to return to Gablewoods Medical Centre to work because of harassment and because of her employer’s reluctance to handle the matter. According to Gablewoods Medical Centre, the institution has the authority to independently discipline and terminate employees’ contracts under recommendation from the Allied Health Council and the Labour Code of Saint Lucia.

But Parbattie has questions: “Who overlooks the Allied Health Council? Who ensures that they carry out their duties and functions?” Most of all, she is concerned that her perpetrator continues to serve at Gablewoods Medical Centre, dealing with patients, male and female, despite his court record. She says the Labour Department has been helpful but the attorney assigned to her has yet to be provided with a hearing date.