Doctor sues over Carberry recruitment

A doctor hired to work at the Carberry hospital is suing his recruiters and others, alleging they made “negligent misrepresentations” about his position and pay, and didn’t disclose they were being compensated to recruit doctors for the health centre.

Dr. Klevis Iliriani, who worked at the Carberry Plains Health Centre between May and August 2024, claims the recruiters made “inaccurate, incorrect and misleading” representations about his contract, according to a lawsuit filed in Manitoba Court of King’s Bench last Thursday.

The 20-page statement of claim names Dr. Dave Maharajh and Barry Banek as the recruiters, as well as Maharajh’s medical corporation. The Manitoba government, Prairie Mountain Health, Carberry hospital, the Town of Carberry, the Municipality of North Cypress-Langford and three unnamed people are also listed as defendants.

The lawsuit alleges Banek, who does medical billing services based in Winnipeg, contacted Iliriani about a locum opportunity at the Carberry hospital in March 2024.

Banek advised him that Maharajh was “spearheading the Carberry hospital’s emergency room revival” and provided him with the recruiter’s contact information to discuss the position further.

At the time, Iliriani was living in Ontario while working as a locum doctor at a hospital in Notre Dame de Lourdes, where he provided emergency room, inpatient, clinical and personal care home coverage.

He told the recruiters he would only consider leaving his position at the Notre Dame Health Centre if he was granted a similar pay and workload at the Carberry hospital, which was confirmed verbally and in writing by the defendants, the lawsuit alleges.

In March and April 2024, Iliriani discussed the terms of his employment with the recruiters.

Maharajh claimed he was working closely with the province and that he had been provided with “full, mandated authority to negotiate the terms” of Iliriani’s employment with the hospital, the lawsuit says.

The position at the hospital was represented as being largely consistent with the remuneration at his former job and included more flexibility with his schedule, a promise he would play a more central role at the hospital and be compensated more for his travel, the claim says.

The lawsuit alleges Iliriani would be paid for working eight-hour days in the clinic at the rural independent contractor GP rate. He would also receive an increased travel stipend of $1,000 per day of travel and a salary top-up of $1,500 for each day worked to ensure his salary matched what he was previously making.

During the recruitment process, Maharajh advised Iliriani that Carberry’s ER was required to open “as soon as possible” and encouraged him to start working at his earliest convenience, the lawsuit alleges.

Iliriani relied on how the position was represented and quit his job at the Notre Dame Health Centre, planning to start working at the Carberry hospital in May 2024 and entering into a binding contract, the statement of claim says.

He later discovered the recruiters were paid by one or more of the other defendants listed in the lawsuit to hire doctors at the health facility.

“At no time during the recruitment process did the recruiting defendants advise Dr. Iliriani that they held any direct financial interest in Dr. Iliriani working at the Carberry hospital, nor did they disclose that they would receive any financial compensation for the recruitment of doctors to the Carberry hospital,” the lawsuit claims.

The regional health authority, town, municipality, province and unnamed people are “vicariously liable for the actions and omissions of the recruiting defendant,” the document alleges.

None of the allegations has been proven in court and no statement of defence has been filed. The Sun reached out to all defendants listed in the lawsuit.

Banek told the Sun on Monday that he “wasn’t involved with making any kinds of promises to Dr. Iliriani,” and he didn’t receive any compensation for putting the doctor’s name forward as a possible hire.

“I didn’t expect compensation. Nor do I have any desire to have any portion of compensation,” he said.

Prairie Mountain Health and the province said they were unable to comment as the matter is before the courts.

The remaining defendants did not provide a comment before press time.

When Iliriani began working in Carberry, he found “the terms of his employment were inconsistent with the representations made to him,” the lawsuit says.

It says he was providing clinical and emergency room coverage without any inpatient care or work in the personal care home.

The reduction in his workload was inconsistent with what he did at his previous job and “resulted in him receiving less pay than had been represented to him,” the claim says.

Iliriani wasn’t compensated at the rate he was offered or receiving the stipend of $1,000 per day of travel or the salary top-up of $1,500 per day worked, it alleges.

He continued to work at the hospital and was advised his pay would eventually be rectified to be consistent with what was represented, the lawsuit says.

Between May 9, 2024 and Aug. 8, 2024, Iliriani spent a total of six days travelling between his Ontario home and Carberry and worked a total of 44 days at the town hospital.

In August 2024, one or more of the defendants “acknowledged the shortfall from the representations,” the lawsuit alleges.

Iliriani was offered an increase of $800 per day to partially account for the salary top-up of $1,500. He was also advised that he wouldn’t get a travel stipend or any retroactive back pay for the days he worked between May to August 2024, the claim says.

He resigned from his position on Aug. 8, 2024.

The lawsuit alleges that Iliriani has experienced “humiliation, embarrassment and damage to his professional reputation.” He’s seeking general damages in an amount to be determined in court.

» tadamski@brandonsun.com