A LEADING law firm has decided to retain — and promote — an employee accused by his Bermudian and female co-workers of repeated "inappropriate and abusive behaviour".

Despite at least a dozen complaints from past and present employees, Appleby's agreed to keep Chris Maiden on staff after the accusations against him were dismissed by the Human Rights Commission.

According to one source familiar with the matter, the Commission's decision was based on the fact that the law firm "satisfied the conditions of the HR Act" by conducting its own internal review and had since initiated "disciplinary action" against Mr. Maiden, who works in Appleby's library.

The exact nature of the disciplinary action is uncertain. The Mid-Ocean News has been made to understand that Mr. Maiden received "a written and verbal warning" highlighting the company's future expectations — and a promotion from manager to director. His work permit was also extended by the Department of Immigration.

Yesterday, Appleby's refused to speak on the issue.

"We make no comment on internal matters," stated Shaun Morris, the company's managing partner.

It is believed Mr. Maiden, a British national, has been on the island for more than a decade.

This newspaper understands the accusations were first laid against him by a former Appleby's employer who has since left the firm to attend law school.

An internal investigation followed that initial complaint.

Stated the source: "An investigation was put together by Appleby's litigation partner Kiernan Bell, who interviewed everyone who had complained about Maiden's inappropriate and abusive behaviour towards Bermudians in particular and women in general. Both current and former employees were interviewed."

It is understood that those details were forward to Appleby's chief executive officer James Jardine, who informed Mr. Maiden of the firm's expectations of him in the future.

As explained by another source with ties to the law firm: "Chris Maiden was issued a written warning in respect of the complaints of sexual harassment made against him and he was required" specifically to not, in the future:

* Touch any employees

* Pass any personal comment on employees, particularly their hair, smell, or body parts

* Engage in unnecessary physical proximity, e.g. standing behind desks while employees are sitting there

* Shorten names to a name that an individual has not invited to be called themselves, i.e. using insulting or overly familiar nicknames

* Use casual slang in conversation or e-mails which is capable of being misinterpreted

* Use patronising or condescending language while either talking to or about employees or personnel.

This source continued: “Chris Maiden was issued a written warning in respect of foul language and he was instructed to refrain from the use of any such type of language in the future.

“He was issued a written warning in respect of derogatory comments made about Bermudians, and he was instructed not to make derogatory comments about Bermudians or anyone else in the future.

“He was instructed to attend (Employee Assistance Programme) sessions to provide him with professional assistance in areas of diversity training, treatment of female staff and general deportment in the workplace.

“He was asked to sign a copy of the firm’s Personal Conduct Policy acknowledging he has read and understood it. He was informed that the warnings were final and if any further complaints were made against him, either verbal or written, they would be swiftly investigated and if found to be true, would result in his immediate dismissal from the firm.”

As a result of the incident, it is understood that “a general recommendation was made that will apply in all areas of the firm — that advertisements for support staff, in particular those with management responsibilities, should be approved by a partner in the Litigation Dept working in the employment area, to ensure advertisements were fair and appropriate”, the source said, stressing that no evidence had been found to prove that Mr. Maiden had discriminated against Bermudians in the hiring process.

“What I don’t understand is that there were at least a dozen complainants yet the HRC ruled that (no ruling would be made against Mr. Maiden) because Appleby’s satisfied the conditions of the HR Act through their own internal review and because disciplinary action had been taken against (Mr. Maiden).

“The HRC therefore dismissed the complaint by the person who lodged it. And despite all of this, Maiden’s work permit renewal was approved.

“Not only did he escape any real punishment, but once he got Immigration approval for his renewal and after the HRC had dismissed the complaint, Appleby’s then promoted him from manager to director.”

Firm promotes man disciplined for ‘abusive behaviour’