Senior lecturer tells tribunal he was victim of racial discrimination

Former Island resident accuses Manx Care of constructive dismissal 

A senior lecturer accusing Manx Care of constructive dismissal has alleged his request for a year-long sabbatical was denied because he's black.

Raymond Dzingai Ndengeya's three-day employment and equality tribunal against the health body got underway this morning (27 September).

Mr Ndengeya, formerly of Port Erin, is also claiming victimisation and racism and discrimination due to heritage and race - he lodged his complaint on 12 September last year.

Giving evidence to the hearing, via video link from his residence in New Zealand, the tribunal heard he is currently associate charge nurse manager at Te Whatu Ora Health.

Mr Ndengeya raised a number of issues to support his case including an overly heavy workload, lack of support, unanswered emails and an apparent omission from photographs of staff at Keyll Darree - the health and social care higher education centre at Noble's Hospital.

Attempts by him to remove Douglas Stewart, as the chair of the tribunal, and advocate Anna Heeley - who represents the Attorney General's Chambers - at the outset of the tribunal were unsuccessful.

SABBATICAL

Mr Ndengeya was employed as a senior lecturer within the Cabinet Office in the Office of Human Resources for six years until June 2022 and was cognitive behavioural therapy programme director for University College Isle of Man.

The latter position involved setting up the CBT programme, liaising with relevant stakeholders and delivering the course.

But he told the hearing today he ended up doing about '1.5 people's jobs' and that he suffered 'burnout and lack of support from leaders'.

On 1 April last year he submitted a request for a sabbatical as a result of 'work related burnout' to Catherine Black, the principal lecturer at Keyll Darree, saying he wanted to take on a 'year's project [elsewhere] to recharge'.

This was denied on 11 April.

Mr Ndengeya claims this left him with only two options - resigning or sacrificing his mental health; he therefore tendered his resignation on 29 April.

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

This was challenged by the attorney general’s chambers advocate who said his position was ‘specialist’.

An email confirming rejection of his application also noted that he was the professional who had the specialist skills required to deliver the CBT programme.

The tribunal hearing heard that at the time he requested to take a sabbatical Mr Ndengeya had two full-time permanent job offers in New Zealand - the country where he now resides.

Questioning the version of events presented by the former lecturer Miss Heeley asked: "Your solution to being stressed was to take a new job, in a new country, on the other side of the world, and move your wife and young child there?"

She argued Mr Ndengeya, in fact, simply wanted to return to New Zealand, where he had previously lived, 'but wanted the safety net to come back to' if it didn't work out - something he strongly disputed.

Mr Ndengeya responded saying 'every job is advertised as a permanent position' in New Zealand and he fully intended on only working there for a year whilst on sabbatical before returning to the Island.

MANX CARE CEO

Mr Ndengeya also alleged he had a meeting on the 28 March with the Chief Executive of Manx Care Teresa Cope, about his heavy workload, which she promised to follow-up on within two weeks; he told the tribunal this never came to fruition.

He also alleges she didn't respond to his emails amounting that to 'harassment' on the part of the chief executive and labelling her "either racist or incompetent" as a result.

When asked whether there could've been any other reasons for her failure to reply, such as whether she was too busy or forgot - he responded, "I'm black, I get forgotten a lot."

Between 28 March and his resignation on 29 April Mr Ndengeya didn't chase a response from the healthcare head.

TRIBUNAL CONTINUES

The tribunal is expected to hear evidence from Teresa Cope tomorrow as well as from Manx Care's General Manager of Integrated Mental Health Services Ross Bailey and Associate Director of Nursing Mick Fleming.