The Court of Appeals recently upheld a ruling that the Bermuda Hospitals Board (BHB) wrongfully dismissed a hospital worker — and doubled the damages awarded to her.

Geneanne Woods-Forde was dismissed from her position at King Edwards VII Memorial Hospital in 2011 after she lied during an investigation into a complaint by a co-worker.

The court had heard that on March 23, 2011, a co-worker went to find her son, who had travelled to the hospital after school, but could not find him. She then called the school, who informed her that the boy was with Ms Woods-Forde, who had called and asked about him.

The co-worker launched a complaint, but Ms Woods-Forde responded that she approached the boy because he was running around in an unruly manner, and denied having called the boy’s school.

An investigation was launched, and she was subsequently dismissed for “serious misconduct involving breach of trust and confidence”.

She then sued the hospital for wrongful dismissal, stating that while she did lie about calling the school, that lie did not amount to gross misconduct.

Last year Puisne Judge Stephen Hellman ruled in Ms Woods-Forde’s favour, awarding her $20,538.70 for lost earnings during what would have been her notice period and $4,536.32 for the loss of health insurance during the same period.

According to a recently published Court of Appeals decision, the BHB subsequently launched an appeal against the ruling, arguing that the judge had erred in finding that dishonesty did not amount to gross misconduct.

Ms Woods-Forde meanwhile filed a cross appeal, asking for the damages awarded to be increased to account for a greater period of lost wages and the cost of eye surgery.

During a hearing in June, lawyer Peter Sanderson, representing Ms Woods-Forde, argued that the board failed to give his client the opportunity to explain her lie before dismissing her, only telling her that she was being investigated for dishonesty on the day she was terminated.

He said that the investigation, if carried out, would have taken around two months to conclude, and as a result her notice period would have begun two months later than her termination date.

Mr Sanderson also argued that the figure awarded for her lost health insurance failed to take into account the cost of eye surgery, which would have been carried out while she was covered by her health insurance had she not been wrongfully dismissed.

After hearing from both sides, the Court of Appeals rejected the BHB’s appeal, stating: “It could not be said that telling a lie in the circumstances of this case is such a breach to be regarded as a serious breach and still yet to reach the pinnacle of gross misconduct.

“We find that Mr Justice Hellman was not in error in his conclusion that the lie did not amount to gross misconduct. There was therefore a wrongful dismissal.”

The justices however found in favour of Ms Woods-Forde’s cross appeal, finding that she was entitled to another month’s salary and the full cost of the eye surgery. In total, the Court varied the sum awarded to $53,069.89.