Board Says Woman Fired Because of Heart Condition

An independent human rights board of inquiry has found that a Lower Sackville woman lost her job as a secretary/receptionist because of a heart condition.

Elaine Hall had been working for Dr. Patrick Seetharamdoo, a medical doctor in Lower Sackville, since 1987. On May 1, 2002, she was terminated from her employment after taking sick leave in order to have a perceived heart condition investigated.

In January 2002, Ms. Hall had experienced chest pain while at home and was referred to a cardiologist by her family doctor. It was recommended that she stay off work until a complete investigation was carried out including an angiogram. On May 1, 2002, she telephoned Dr. Seetharamdoo to advise that the angiogram was scheduled for mid May. At that time he advised her that her job was no longer available.

In the decision, released today, Aug. 3, board chair Bonita Small said she did not accept the employer's claims that Ms. Hall was terminated because of patient complaints and poor job performance. Ms. Small concluded that any work performance issues were not particularly serious and Ms. Hall's health was a factor in the decision to terminate her employment.

Dr. Seetharamdoo and his management company PAT-TER Limited were ordered to pay Ms. Hall $3,500 in general damages as well as 12 months lost wages.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board who decides whether discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.

A copy of the decision is available on the commission website at http://gov.ns.ca/humanrights/.