Manx Care chief exec 'couldn't overrule' sabbatical decision

Second day of tribunal into alleged constructive dismissal 

A senior lecturer who has accused Manx Care of constructive dismissal was essentially 'seeking a secondment rather than a sabbatical'.

That's according to the chief executive of the healthcare body. 

Raymond Dzingai Ndengeya's employment and equality tribunal against the health body continued today (28 September).

The former Port Erin resident asked questions of Teresa Cope, via video link, from his residence in New Zealand.

Mr Ndengeya's main grievance surrounds a sabbatical request, which he submitted in April last year, which was ultimately denied. 

He's arguing this led to constructive dismissal as it left him with no choice but to resign.

Yesterday he told the tribunal that he believes his request was rejected on racial grounds, because a female colleague, working in a different area, had a similar request approved.

You can find out more HERE. 

Today, Mrs Cope told the tribunal that wasn't the case.

She argued the policy on sabbaticals is 'not clear cut' and no-one is entitled to have them automatically approved.

Manx Care sees around a handful of them submitted every year.

She said the needs of the organisation had to be taken into consideration when requests are made and that Mr Ndengeya's own needs would have to be 'balanced against the training needs of the programme'.

The tribunal heard Mr Ndengeya had a specific set of skills, with his work being vital to facilitating a CBT training programme.

COMMUNICATION

The hearing previously heard that Mr Ndengeya had a meeting on Monday, 28 March 2022 with the chief executive about his heavy workload.

This morning Mrs Cope confirmed this meeting did take place but at the time she was unaware he was considering a sabbatical or that he was looking at jobs elsewhere.

She argued that the subsequent refusal of his request was out of her hands, as it was a decision to be made by his line manager, saying she "couldn't overrule on the basis of one conversation face to face".

She apologised to Mr Ndengeya for his experience, saying: "When we met, I empathised greatly. I listened to you and would've put [support] mechanisms in place. I'm sorry I didn't do that soon enough - but I'm not sure if the outcome would've been any different."

Mrs Cope told the hearing that if the former lecturer had felt the refusal was unfair, he should have gone through the organisation's appeal process regarding its fairness at work policy.

She argued the decision to deny his sabbatical request as made by his line manager, Catherine Black, the principal lecturer at Keyll Darree, would've then been elevated through the ranks of Manx Care for re-evaluation.

But Mr Ndengeya stated this would've required him to cite harassment as the reason he believed it was denied - something he didn't think was the case at the time.

SECONDMENT

Mrs Cope went on to argue that Mr Ndengeya perhaps should have in fact been applying for a secondment rather than a sabbatical.

When asked by tribunal chair Douglas Steward whether someone applying for a sabbatical presumably does so to rest if feeling burnt out, Mrs Cope said a sabbatical application 'implies you are going to take time out or do something different than your [usual role]', whereas by applying for jobs in New Zealand, Mr Ndengeya should have perhaps applied for secondment approval instead.

She said: "You weren't seeking a sabbatical to have some time off work, you were seeking a sabbatical to start a new role, not dissimilar to the one you were already in."

Mr Ndengeya argued this was incorrect, as his current job of associate charge nurse manager is different to being a senior lecturer - however Mrs Cope clarified she meant "they are both employed, specialist roles [which are] similar in terms of levels of responsibility and competency."

When asked why she did not reply to Mr Ndengeya's emails - something he amounts to harassment - Mrs Cope blamed her workload and also argued that one email, sent after he had tendered his resignation, didn't seem like it warranted a response, but rather seemed like it was a 'thank you and goodbye' email.

But she added she "wished she had" replied.

RACISM

Addressing the claims that Manx Care as an organisation is 'systemically and institutionally racist', Mrs Cope said since the body was formed, staff have been surveyed on their views.

She said she does "acknowledge that some of that [feedback] is not positive", but that the organisation is actively working on the issues raised.

She added: "Our core values are equality and respect... I'm sorry if you feel Manx Care let you down during that year you were employed."

Also addressing the hearing today was Dr Mick Flemming, Manx Care's Associate Director of Nursing, who worked closely with Mr Ndengeya for a time whilst he was developing the CBT programme.

Dr Flemming credited the senior lecturer with putting together "nearly 100 per cent" of the course, and admitted he witnessed how much he was struggling with the time and workload involved.

He did however state he did not believe Mr Ndengeya had been disadvantaged because he was black, but rather his struggles were rooted in his 'skills, knowledge and workload'.

The tribunal continues tomorrow, and is expected to extend into next week, following delays in proceedings.