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