HEALTHCARE EMPLOYMENT & LABOUR RELATIONS

Hospital workforces comprise a wide range of professionals, including doctors, nurses, allied health professionals, technicians, administrative staff, and support workers, each playing a crucial role in delivering high-quality patient care. We understand the unique human resources issues that impact this diverse workforce.

Our Knowledge & Expertise

The Regulatory Framework

With over 20 years working in the healthcare sector, we have a deep understanding of the regulatory and governance frameworks that ensure services are delivered in a way that maintains the public trust.  In addition to the Public Hospitals Act, there are at least twenty other statutes that directly impact employment in the healthcare sector.  There are many more that regulate the work that healthcare workers do.  We regularly advise on the following:

• Employment Standards Act, 2000
• Hospital Labour Disputes Arbitration Act
• Public Sector Labour Relations Transition Act, 1997
• Broader Public Sector Accountability Act, 2010
• Broader Public Sector Executive Compensation Act, 2014
• Regulated Professionals Act, 1991
• Excellent Care for All Act, 2010

Healthcare Operations

At Hunter Legal LLP, we are ready to hit the ground running. Our clients do not need to waste time explaining the basics and can rely on our working knowledge of how hospitals work. This includes but is not limited to understanding:

• Hospital privileges v. employment
• Scope of practice of regulated health professionals
• Medical directives
• Role of occupational health
• Consent requirements for employee records
• Nursing standards
• Work routines for service employees
• Staffing level models 
• Scheduling processes
• Infection control protocols
• Different employment roles
• Patient records and charting
• Hospital use of EPIC, Meditech and other systems

Labour Relations

While each healthcare organization is unique, there is some consistency in their labour relations.  We have historical and current knowledge of the central collective agreements and how key clauses have been interpreted. Our lawyers have represented hospitals in local negotiations, interest arbitrations, dozens of reported arbitration and Ontario Labour Relations Board decisions, and settled hundreds of cases.

We publish a regular healthcare update where we review and summarize the latest arbitration cases in the sector.

General Employment Advice & Litigation

We advise on non-union employment matters, human rights issues, executive compensation issues, and any other issue that impacts all employees in a healthcare organization.  We have advised on every version of compensation restraint legislation since Bill 16 in 2012. During the COVID-19 pandemic, we were at the forefront of advising on Directives from Public Health, vaccination policies and the various other regulations under the different versions of emergency legislation.

We have represented hospitals before the Courts and the Human Rights Tribunal of Ontario.

Transformation in Healthcare

Our expertise includes advising hospitals on implementing organizational change.  This could involve advising on whether there are collective agreement restrictions on a proposed initiative. We are experienced in navigating amalgamations and restructuring under the Public Sector Labour Relations Transition Act, 1997.