Lawsuit seeks $125 million over Employee Standards Code violations
More than 200 workers have sued Alberta Health Services (AHS), accusing the employer of violations under the Employee Standards Code relating to overtime, breaks and work shifts.
The group is seeking $125 million in damages, claiming that the employer has been overworking and underpaying them since 2013.
"Since joining Alberta Health Services in 2017, I’ve routinely worked shifts lasting up to 24 hours, including during weekends and holidays," said Mena Salamh, a plaintiff in the suit, according to CTV News. "What we are seeking is proper compensation for the time we have already worked."
The group is made up of clinical assistants – who work with physicians to provide "acute care coverage" in a variety of medical settings – and clinical surgical assistants (CSAs) – who provide surgical assistance and pre- and post-operative care.
According to the suit, AHS told CAs and SCAs between 2013 and 2022 that they were exempt from receiving overtime pay.
When the employer changed their stance on the issue in December 2022, it offered retroactive lump-sum overtime payment to the workers. However, the payment only went back four months and included a cap on hours, according to the Kahane Law Office, which filed the class action lawsuit.
The workers also claim to have routinely worked shifts longer than 12 hours, and in some instances as long as 24 hours, in violation of the code.
For the fall, Ottawa intends to allow international students to work up to 24 hours per week, according to a previous report.
The lawsuit against AHS was filed on April 26 in the Court of King’s Bench in Calgary, reported the Edmonton Journal.
"As the largest employer in Alberta, Alberta Health Services must know they continue to be in contravention of the law by denying these hard-working medical professionals fair pay and a safe working environment," said Ariel Breitman, lead counsel for the plaintiffs, according to CTV News.
“AHS needs to acknowledge these historical and ongoing transgressions against the men and women who care for us when we are in need and come to the table to work towards a fair resolution that ensures proper compensation for these workers,” he added, according to the Edmonton Journal.
‘We hope for a fair resolution to this case’
An amended statement of claim was filed on April 26. As of Wednesday, there were around 228 active class members, according to the report.
The class action is yet to be certified, and the workers’ claims have not been tested in court.
Peggy Wright, Opposition labour critic, said the allegations highlighted how healthcare workers continue to be overworked and in need of more support.
“We hope for a fair resolution to this case as the Alberta NDP have, and always will, stand with the working people of Alberta,” the Edmonton Journal noted.
Thanks to the COVID-19 pandemic, overtime hours amongst Canadian healthcare workers in 2021 were at their highest in over decade, according to the Canadian Institute for Health Information (CIHI).
