Psychologist alleges wrongful dismissal by U of Manitoba, Shared Health after she filed complaint: lawsuit

A clinical psychologist hired to teach students and care for sick kids is suing the University of Manitoba and Shared Health, alleging she was fired without cause after she made a complaint. 

Michelle Keiski filed the lawsuit in the Court of King's Bench in Winnipeg last Thursday, claiming she was "pressured to engage in misconduct and other violations of professional standards" before her contract was terminated on Nov. 7, 2022. 

Keiski made a complaint to the Psychological Association of Manitoba in September 2022 after she became aware of issues at the U of M's Max Rady College of Medicine, including the clinical health psychology department, involving misreported studies and data, employees providing services they weren't qualified or authorized to deliver, and other issues impacting patient care, the lawsuit alleges. 

Keiski, who holds a PhD in clinical psychology and specializes in neuropsychology, was hired for a joint position between Shared Health and the U of M in June 2021, according to the lawsuit. Her 33-month term started in October 2021 and was expected to continue until June of this year.

At the U of M, her role as an assistant professor included teaching undergraduate and postgraduate students and certain administrative duties. With Shared Health, she was hired to provide clinical neuropsychology services for children and youth with neurologic illness or injury, including for epilepsy surgery patients.

Her contract also stated either party could terminate the terms of her agreement by giving the other six months written notice. 

No reason given for termination: lawsuit

The suit says that it "became increasingly apparent" to Keiski there were issues within the college of medicine that had "impacted the epilepsy surgery services provided over the preceding decade."

She ensured the department head was aware of the issues, and the head made statements to Keiski indicating that she was "aware of the long-standing issue vis-à-vis misrepresentation of qualifications and/or services," according to the lawsuit.

However, "there were indications of intent to persist with these and other concerning issues," it says.

After filing the complaint with the psychological association in 2022, Keiski was informed there were concerns she "may express criticism" against her employers, and "that her employment might be contingent upon her refraining from expressing any such criticism." 

One month later, the department head advised Keiski during a meeting that the university and Shared Health intended to terminate her employment, and she was put on administrative leave effective immediately, the lawsuit alleges. 

Keiski "was shocked, saddened, and hurt," and was never told during the meeting why her employment was being terminated, the statement of claim says.

Her employment was terminated in November 2022, in a letter that simply noted the termination was "on a without cause basis" as set out in her contract, the lawsuit says.

It says Keiski provided "high quality care to all of her patients, performed her duties competently as an assistant professor, and consistently met and/or exceeded her employment obligations," during her employment.

"The only reasonable explanation she was aware of was that she was being terminated for fulfilling her professional and ethical obligations" by making the complaint, the suit alleges.

The decision to terminate her employment was retaliatory, and the employers' conduct was "harsh, vindictive" and "malicious," the lawsuit claims.

Keiski is seeking general, special, aggravated and punitive damages.

None of the allegations in the lawsuit have been tested in court. No statements of defence have been filed.

A spokesperson for Shared Health said the agency cannot comment on matters before the courts.

In a statement, a spokesperson said the University of Manitoba could not comment on an ongoing legal proceeding, but that the school "upholds the highest standards of research rigour and has processes in place to address any concerns about professional standards and ethical practices."

CBC also contacted the Psychological Association of Manitoba for comment on whether the complaint is still being investigated.

Harold Wallbridge, registrar for the association, said he cannot provide information on complaints that are either in progress or were dismissed.

The registrar can only release information publicly if a complaint process has led to a disciplinary finding, he said.