Dental assistant fired by ERHA over debt

A dental assistant who was fired because of her personal financial difficulties has received the permission of a High Court judge to challenge a decision by the Eastern Regional Health Authority not to permit a review of the decision to fire her.

Justice Joan Charles granted leave to Avisha Balgobin to challenge the ERHA. The case comes up for hearing on September 23.

Balgobin, a dental assistant for eight years, on contract, was fired on March 15.

In her judicial review claim, filed by her attorney Rhea Khan, she admitted she was accused of allowing her indebtedness to affect her job, leading to her dismissal.

She acknowledged being in financial difficulty, but denied that it brought the authority into disrepute.

Balgobin’s claim also admitted that at the dismissal hearing, she was asked to provide responses to the allegations against her, and while she takes issue with her dismissal, what she wanted reviewed was the denial of her right to appeal the review, in accordance with the ERHA’s conduct regulations.

She said she wrote indicating she wanted to appeal the decision to fire her, but this was refused and she was told her termination was not on the basis of the authority’s regulations but on the terms and conditions of her employment.

When she was fired, Balgobin was told she had brought the authority into disrepute as a result of her escalated indebtedness and associated ramifications which could negatively affect the authority’s reputation and increase the risk factor to stakeholders.

Her claim contended that the ERHA’s regulations state that an employee may be guilty of misconduct if they become indebted to the extent that it affects his efficiency or is likely to bring the authority into disrepute.

She argues that the failure to afford her the right of review or appeal in relation to her dismissal was disproportionate.

Balgobin said she had a “good” rating in her performance appraisal but had been having financial difficulties for a number of years.

She said a visit by a debt collector and bailiff to her workplace resulted in the investigation which ultimately led to her being fired.

“While I accept that I have been plagued with financial difficulties, I dispute the fact that it has brought the authority into disrepute,” she said, adding that she remains unemployed, causing her financial situation to worsen.