June 5, 2024: A significant class-action lawsuit has been initiated against Alberta Health Services (AHS), claiming violations of the Employment Standards Code through the overworking and underpayment of healthcare staff. The legal action, filed on April 26 at the Court of King’s Bench in Calgary, represents clinical assistants (CA) and clinical and surgical assistants (CSA) and demands up to $125 million in damages.
These CAs and CSAs, who graduated from medical schools outside Canada and the U.S., have completed at least a year of practical training and an English proficiency test. The lead plaintiff, along with other health-care workers, asserts they are fully trained doctors from their original countries.
The plaintiffs argue that from 2013 to 2022, AHS misled them by stating verbally and in written form that they were not eligible for overtime compensation, contrary to provincial laws. They often worked shifts exceeding 12 hours, sometimes up to 24 hours. In December 2022, AHS altered its stance, agreeing to provide overtime pay and a backdated lump sum for overtime work from April 2022 onwards. However, the plaintiffs contend this only partially addresses the wages owed since 2013.
“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,” said Ariel Breitman, lead counsel for the plaintiffs, in a news release.
The lawsuit stresses that under Alberta’s Employment Standards Code, workers are entitled to overtime pay, rest periods, and shifts not exceeding 12 hours unless under extraordinary circumstances. Approximately 228 current AHS employees could be involved in the class action, with additional former employees also potentially eligible.
Although the class action has yet to receive certification and the allegations have not been tested in court, the response from the involved parties has been cautious. AHS has acknowledged awareness of the lawsuit but has refrained from commenting as the issue is currently judicial. Similarly, Health Minister Adriana LaGrange’s office has deferred comments, labeling it an AHS matter.
The opposition’s labor critic, Peggy Wright, remarked on the situation, highlighting the ongoing challenges faced by healthcare workers in Alberta:
“We hope for a fair resolution to this case as the Alberta NDP have, and always will, stand with the working people of Alberta.”
AHS describes the roles of CAs and CSAs on its website as mid-level providers who work under physician supervision, performing tasks such as conducting physical exams, writing orders, documenting patient history, and, for CSAs, offering pre-and post-operative care and surgical assistance.
Amidst these allegations, understanding your rights and benefits, including how to apply for or renew an Alberta health card, is more crucial than ever. So make sure to apply for it as soon as you can.
For more news and updates about Alberta, stay tuned to Y!Alberta!
