April 8, 2005
Fired ADM sues premier,
cabinet ministers
Former civil servant
alleges "conspiracy" led to her dismissal
GREG
YOUNGER-LEWIS
A former senior bureaucrat
has slapped the territory's most powerful politicians with a hefty lawsuit over
her recent firing, alleging that they orchestrated her dismissal on false claims
that she abused access to medical travel.
Sharon Ehaloak, former
assistant deputy minister of health for the government of Nunavut in Cambridge
Bay, filed the lawsuit against the premier and two other cabinet members, after
she lost her high-paying position in December.
Ehaloak states the three
politicians - Premier Paul Okalik, Finance Minister Leona Aglukkak, and Health
and Social Services Minister Levinia Brown - conspired to fire her in the wake
of repeat investigations into her conduct as assistant deputy minister of health.
The lawsuit seeks more
than $6 million in damages for lost salary and pension payments, and for mental
suffering brought on by the dismissal. Ehaloak's contract was worth more than
$145,000 a year when she was fired.
Ehaloak claims her race
played a factor in the firing. In her statement of claim, she says the three
cabinet ministers were "prejudiced" against her because she isn't
Inuit.
None of the allegations
in the lawsuit have been proven.
In early June, the government
started an investigation, for unknown reasons, into an allegation that Ehaloak
boarded a medevac flight from Cambridge Bay to Edmonton with her sister-in-law.
The statement of claim
says that Ehaloak denies that she ever took such a flight and claims that she
was never disciplined as a result of the complaint.
Ehaloak was the subject
of a second investigation in late June, when seven nurses at the health centre
in Cambridge Bay complained she interfered with their medical examination of
her nephew, "a young man with known psychiatric difficulties."
Ehaloak was suspended with
pay for 30 days during the investigation.
She alleges Aglukkaq later
held a conference call with the nurses, although the finance department didn't
have jurisdiction over the accusation and that Aglukkaq the MLA for Nattilik,
does not represent Cambridge Bay.
Ehaloak adds that the nurses
shared medical information with Aglukkaq without the permission of her nephew's
family, violating their oath of confidentiality.
In the meantime, the government
started a third investigation into allegations that Ehaloak arranged for her
son, daughter, and father-in-law to get seats on a government-chartered medevac
plane from Cambridge Bay to Bay Chimo.
Eventually, the government
found nothing to support the second complaint, and exonerated Ehaloak in a letter
from Bernie Blais, the deputy minister of health, in late November. The letter
states that Blais "looked forward to" working with Ehaloak.
A few days later, in early
December, deputy minister of human resources Kathy Okpik fired Ehaloak, based
on the outcome of the third investigation.
Ehaloak denies all accusations
against her, and called each investigation a "sham" manipulated by
the conspiracy between the premier and his two cabinet ministers.
In her statement of claim,
Ehaloak said staff in the premier's office wrote the department of health, indicating
she would be fired, even though her supervisor, Keith Best, approved her flight
to Bay Chimo.
Best was already at the
centre of a dispute with a former employee, Robert Ayalik of Kugluktuk, who
believed he was dismissed for racist reasons. A fair practices officer ruled
that human resource mismanagement, not racism, was the root of the problem.
Around the same time as
Ehaloak's third investigation, Best resigned as assistant deputy minister of
health. Although he lacked authority over the former employee, Blais wrote to
Best after his resignation for "failing to follow rules pertaining to air
charters."
Ehaloak claims that the
GN knew she was directed to take the flight to Bay Chimo, which was "the
ultimate issue in her termination," according to court documents.
Ehaloak's statement of
claim suggests that even if the three cabinet members didn't conspire to fire
her, that taking a charter flight "was standard practice and common knowledge
in the communities in Nunavut and among employees of the... GN."
Ehaloak had been lobbying
cabinet to move her position from Kugluktuk to Cambridge Bay since she took
the job in June.
None of the defendants
have filed a statement of defence.
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