Alberta Health Services Faces $125 Million Lawsuit for Alleged Employment Standards Violations

Alberta Health Services (AHS) is currently embroiled in a $125 million class action lawsuit filed by Clinical Assistants (CAs) and Clinical and Surgical Assistants (CSAs) over alleged violations of employment standards in the healthcare sector.

The lawsuit, spearheaded by the law firm Kahane Law and lead counsel Ariel Breitman, accuses AHS of overworking and under-compensating medical professionals since 2013, in a breach of Alberta’s Employment Standards Code.

According to the plaintiffs, AHS has consistently flouted the standards set by the Employment Standards Code, particularly in terms of overtime pay, rest periods, and maximum work shift durations of 12 hours.

Members of the lawsuit claim that despite guidelines suggesting overtime compensation, AHS informed CAs and CSAs between 2013 and 2022 that they were exempt from such payments.

A pivotal moment came in December 2022 when AHS reversed this stance and offered retroactive overtime pay dating back to April 2022, albeit with a capped limit, leaving out compensation for work done prior to this period.

The lawsuit further alleges that the medical professionals were regularly required to work shifts exceeding the stipulated 12-hour limit, with some shifts extending to a grueling 24 hours.

AHS declined to comment on the ongoing litigation, noting it is a matter before the court, but acknowledged the value CAs and CSAs bring to the medical workforce.

Ariel Breitman emphasized the need for AHS to address historical and ongoing transgressions, advocating for fair compensation and better working conditions for the healthcare workers.

The class action lawsuit, which includes around 250 current and former CAs and CSAs, is seeking $125 million in damages, with $20 million specifically earmarked for unpaid overtime. The allegations are yet to be tested in court, and the certification process for the lawsuit is underway.

Peggy Wright, Opposition labour critic, expressed support for the workers, underscoring the challenges faced by healthcare professionals and the need for resolution. The impact of the COVID-19 pandemic on healthcare workers’ workload and wellbeing has further highlighted the significance of fair compensation and support for those in the medical field.