Royale Medical sued by another doctor

(CMR) Consultant obstetrician/gynecologist Iuliana Irmia has filed a lawsuit against Royale Medical and Wellness Center for outstanding salaries still owed more than a year after her employment was terminated. The lawsuit was filed last month.

This recent court action against Royale Medical comes just over a year after the company was taken to court for failing to pay another doctor’s wages.

According to court documents, Irmia was employed by Royale Medical as an obstetrician-gynecologist, pursuant to a contract of employment dated 26 April 2021. The employment commenced on 1 September 2021 and was terminated on notice by Royale Medical on 31 May 2022.

Under the terms of the contract, Irmia was to be paid a monthly salary of CI$14,000, payment of which was to be made at the end of each month. Additionally, she was to receive a commission at a rate of 20% of each ultrasound, 20% of each call-out, and 5% of labs. Such payments were to be paid on the 15th day of the following month.

However, according to the lawsuit, throughout the period of employment, Royale Medical failed to properly compensate Irmia in accordance with Section 2 of the contract or at all. Incomplete payments were made in a piecemeal and irregular manner. At no time during the period of employment was the Plaintiff provided with any pay statements by Royale Medical, in breach of Section 33 of the Labour Act (2021 Revision).

At the time when the period of employment ceased, arrears in the sum of CI$ 43,500 were outstanding with respect to the monthly salary. In the following months, Irmia continued to request payment of the outstanding monthly salary. An informal agreement was reached between the parties whereby Royale Medical was to pay the outstanding balance in installments.

While a number of cheques were received, the Plaintiff has not received any payment since 7 November 2022, with the sum of CI$22,500 remaining due and owing in respect of the monthly salary. An unknown sum is also outstanding in respect of compensation pursuant to Section 2(b) of the contract. The Plaintiff has never been provided with any documentation in relation to the sums due to her under Section 2 b).

The court documents also revealed that Irmia instructed Nelsons to issue a letter of demand to Royale Medical on 5 February 2023 requesting payment of all sums due pursuant to Section 2(a) of the contract, together with legal fees; pay statements for the entirety of the period of employment; details of all sums due to the Plaintiff pursuant to Section 2(b) of the contract; and payment of all sums due to the Plaintiff pursuant to Section 2(b) of the contract.

Since the issuing of the letter of demand,  Kirk Donald, on behalf Royale Medical, has been in correspondence with Nelsons. While he has made a number of promises to make payments of the debt due, no payments have been made.

By reason of Royale Medical’s breach of the Contract, Irmia has incurred legal expenses for which the defendant is, in accordance with Section 11(c) of the Contract, required to pay on a full indemnity basis, the lawsuit stated.

According to the documents, Irmia had incurred reasonable expenses of CI$4,000 for professional fees and disbursements to her attorney, Nelsons Attorneys-at-Law–Such. This loss is expected to continue to the date of trial. Irmia is therefore claiming against Royale Medical the sum of CI$20,000 (being the limit of the jurisdiction of the Summary Court); interest pursuant to Section 34(1) of the Judicature Act (2021 Revision) from the date of issue of this Plaint until the date of judgment and post-judgment interest;  costs; and other relief the Court may deem just.