Health-care workers file a class-action lawsuit against AHS, alleging violations of overtime pay regulations
A group of health-care workers filed a class-action lawsuit against Alberta Health Services (AHS), alleging that the organization violated the Employment Standards Code by overworking and underpaying them, as reported by the Edmonton Journal.
On April 26, clinical assistants (CAs) and clinical and surgical assistants (CSAs) submitted the lawsuit in Calgary’s Court of King’s Bench, seeking up to $125m in damages.
These workers, who graduated from medical schools outside Canada and the US, have at least one year of hands-on training and have passed an English language proficiency exam. Many of them are fully trained doctors in their home countries, including the lead plaintiff.
The workers claim that from 2013 to 2022, AHS told them verbally and in writing that they were exempt from receiving overtime pay, which they argue is against provincial legislation. They report working shifts longer than 12 hours, sometimes up to 24 hours.
In December 2022, AHS announced it would start providing overtime pay and a lump-sum payment for overtime work dating back to April 2022. The lawsuit contends this move only partially addresses their claims, leaving wages from 2013 unpaid.
Ariel Breitman, lead counsel for the plaintiffs, stated, “As the largest employer in Alberta, AHS 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.”
He urged AHS to acknowledge these issues and work towards a fair resolution to ensure proper compensation for these workers.
The workers assert that Alberta’s Employment Standards Code grants them the right to overtime pay, rest periods, and work shifts not exceeding 12 hours except in exceptional circumstances.
The statement of claim estimates about 228 current workers at AHS would be part of the class action, along with an unknown number of former employees.
The class action has not been certified, and the workers’ claims have not been tested in court.
AHS acknowledged the litigation but declined to comment, as the matter is before the court. Health Minister Adriana LaGrange’s office also declined to comment, noting it was an AHS matter.
Opposition labour critic Peggy Wright expressed support for the health-care workers, highlighting their need for more support and hoping for a fair resolution. “We hope for a fair resolution to this case as the Alberta NDP have, and always will, stand with the working people of Alberta,” she said.
AHS describes CAs and CSAs on its website as “mid-level providers under the supervision and direction of physician supervisors to provide acute care coverage.”
Their common duties include conducting physical exams, writing orders, documenting patient history, and for CSAs, providing pre- and post-operative care and surgical assistance during operations.
