Ex-CEO of Alberta health authority asks for quick ruling in wrongful dismissal suit
The former head of Alberta's health authority wants a judge to rule on her lawsuit against the provincial government, which she alleges fired her improperly, without the case going to trial.
Athana Mentzelopoulos, Alberta Health Services's former chief executive, on Monday applied for a summary judgment in her dispute with the government. The application, filed in the Court of King's Bench in Edmonton, alleges the health minister usurped power accorded to AHS directors when she ordered Ms. Mentzelopoulos's firing in January.
Ms. Mentzelopoulos is effectively asking the court to rule on the legality of how the government terminated her employment, rather than the validity of her allegations about why she was fired.
The former executive alleges Premier Danielle Smith's government put pressure on her to sign deals that were to the benefit of private companies. Ms. Mentzelopoulos further alleges the government fired her for investigating the terms of some of the health authority's contracts and questioning how some deals came to fruition.
The Globe and Mail first reported those allegations in February. Ms. Mentzelopoulos's $1.7-million lawsuit sparked multiple investigations, including an RCMP probe, and created a political headache for Ms. Smith's government.
Exclusive: Alberta Justice Minister has personal relationship with man whose businesses are tied to AHS investigation
Kyle Warner, a spokesman for the newly created ministry of primary and preventative health services, said the government intends to oppose Ms. Mentzelopoulos's application to forgo a trial.
'It is legally baseless and contains a litany of misinformation and false claims,' he said in a statement Tuesday.
Ms. Mentzelopoulos's latest court filings contain fresh allegations about the government's interactions with the health authority's board.
She alleges Adriana LaGrange, then the health minister and now the minister of primary and preventative health services, decided to fire her despite not having the authority. The former executive alleges only the board or its chair could terminate her contract because she was employed by AHS and reported to its directors, not the government.
The government fired Ms. Mentzelopoulos on Jan. 8. But first Ms. LaGrange tried to persuade the board to oust the executive, Ms. Mentzelopoulos alleges.
Ms. Mentzelopoulos alleges on Jan. 6 she informed the health ministry that she had a meeting scheduled for Jan. 10 with the Auditor-General, to update him on her investigations at the agency. After informing the ministry about the meeting, Ms. Mentzelopoulos alleges she heard Ms. LaGrange was organizing an informal meeting with directors for Jan. 7.
'The purpose of the meeting was to have the AHS Board agree to terminate my employment with AHS,' Ms. Mentzelopoulos alleges, adding that the directors refused. Ms. Mentzelopoulos claims she was not invited to the meeting but later learned what happened from others.
'When Minister LaGrange was asked why she wanted me terminated, she could give no substantive reason and gave none,' Ms. Mentzelopoulos alleges.
When some directors said they would not sign off on the firing, the minister said she would have Andre Tremblay do it, the former executive alleges. At the time, Mr. Tremblay served as the deputy minister of health and an AHS board member.
Ms. Mentzelopoulos's application for a summary judgment claims supporting evidence could be provided by compelled examination of three of the four board members who were not part of government. The three named in the filings are Paul Haggis, Lyle Oberg and Sandy Edmonstone.
Mr. Haggis declined to comment, citing confidentiality requirements. Mr. Oberg and Mr. Edmonstone did not acknowledge requests for comment. The fourth independent board member, Angela Fong, also did not acknowledge a request for comment. Ms. LaGrange dissolved the board at the end of January.
Ms. Mentzelopoulos alleges Ms. LaGrange wanted her to stop investigating the health care system's contract and procurement processes, but she refused. She alleges she was fired for pursuing the investigations.
The Alberta government, in previous court filings and public statements, disputes Ms. Mentzelopoulos's allegations. The government alleges she was fired for incompetence. Further, Alberta alleges the former CEO resisted the government's strategy to reduce surgical waiting times by increasing the number of operations performed at private facilities.
None of the allegations have been tested in court.
The Premier in early March appointed a former chief judge of the Provincial Court of Manitoba to conduct an independent review based on Ms. Mentzelopoulos's allegations. Raymond Wyant was scheduled to deliver an interim written report by May 30 and a final report and recommendations by June 30.
However, the government and Mr. Wyant agreed to extend the timeline, according to a press release from the province on May 30. Now, the interim report must be delivered by Sept. 24, with the final version and recommendations due Oct. 15.
The United Conservative Party has restructured Alberta Health Services and the Premier, in a cabinet shuffle in May, created the ministries of hospital and surgical health services; and primary and preventative health services.
Four ministers are now responsible for Alberta's health care system: Ms. LaGrange oversees primary and preventative health services; Matt Jones is in charge of hospital and surgical health services; Rick Wilson leads mental health and addiction; and Jason Nixon handles assisted living and social services.
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