from his health clinic.

The Human Rights Commission made the ruling after probing Mrs. Susan Pearman's complaint of unfair dismissal.

Dr. Brown has now paid Mrs. Pearman $6,800 in a secret settlement.

Mrs. Pearman was hired as an office administrator and mammography technician at the Warwick West MP's Bermuda Healthcare Services. While on maternity leave she received a shock letter of dismissal.

It made no mention of maternity pay guaranteed by her contract, she alleged.

Complaining to the Human Rights Commission, Mrs. Pearman said of Dr. Brown: His allegations of poor job performance were "frivolous''; He was not prepared to pay maternity leave and hire a replacement; and He discriminated against her because of her pregnancy.

Yesterday The Royal Gazette obtained a copy of the Human Rights Commission's highly confidential decision.

The Commission said Paget-based Bermuda Healthcare Services may not have been intentionally discriminatory in firing Mrs. Pearman. But the "effect of their action'' was discriminatory.

Mrs. Pearman's dismissal while pregnant caused much concern, said the Commission.

"If Mrs. Pearman was a poor performer, there were other options open to the company.

"They could have documented their concerns; put Mrs. Pearman on a probationary period; given her a stern written warning or revised her job description, as they did for the new mammographer, Grazynor Raszpla-Arnold.

"Even though Mrs. Pearman was considered management, it is the Commission's view that a fair employer would have given her an opportunity to address her shortcomings before an actual firing was orchestrated.'' American-born Mrs. Pearman started working for Dr. Brown in December, 1990.

Among other things, she was an ultrasound technician. She told the Commission her first year with the company had been very successful.

"Initially when I informed Dr. Brown of my condition his primary concern was to find someone to cover for me during my maternity leave.'' Mrs. Pearman claimed her contract guaranteed her up to 10 weeks paid maternity leave.

"As the date of my maternity leave approached Dr. Brown began to display a very negative attitude toward me. About three months prior to my maternity leave, friction arose between Dr. Brown and myself.'' She added: "On 1st July, 1992, I went on maternity leave, I was due to return to work on 9th September, 1992.

"On 6th July, 1992, while I was on maternity leave I received a letter terminating my employment.

"The termination letter cited increasingly difficult circumstances as the reason for my termination.'' Mrs. Pearman said receptionist Joanne Arorash had been given three months warning before dismissal. "I question why I was not given the same consideration.'' She added: "On several occasions, Dr. Brown had mentioned that he could not afford maternity leave.

"He also expressed concern about getting a replacement for me while I was on maternity leave.'' The Human Rights Commission concluded Mrs. Pearman had "enjoyed a successful career'' until she became pregnant.

It stated: "It cannot be ignored that the pregnancy and eventual maternity leave would provide an ideal opportunity for her employer to dismiss her.'' The Commission went on to highlight "uncommon behaviour'' by Dr. Brown.

It told how a Karry Grimes joined the company when she was three months pregnant. And it said Dr. Brown then placed a "significant advertisement'' in The Royal Gazette , welcoming her back to work.

"In the view of the Human Rights Commission, this action by an employer is most uncommon.

"It is seen as an attempt to expel the notion of a `pattern of behaviour'.

"It is significant to note, that this uncommon behaviour occurred after BHCS received the complaint from the Human Rights Commission regarding Mrs. Susan Pearman.'' In a deal approved by the Human Rights Commission, Dr. Brown paid Mrs. Pearman $6,800 in three instalments between September and November 1993.

It was agreed the payment did not amount to an admission by Dr. Brown of any liability to Mrs. Pearman, or of any unethical practices.

Yesterday Dr. Brown said: "Everything was settled last year, and I have no comment.'' Mrs. Pearman said she was "surprised'' The Royal Gazette had a copy of the finding. The mother-of-one added she now had another job, and was "very happy'' with it.

"I felt victimised at the time, but I really want to forget about what happened with Dr. Brown,'' she explained.