The healthcare sector is under greater pressure now more than ever before. Even before COVID-19, staffing shortages, high employee turnover and increasing burn out were significant challenges the sector was facing against increasing demand for services. At Fasken, we understand how these factors impact employee and labour relations. We are able to support employers in being proactive in their management of their workforce, developing appropriate workplace policies and procedures and dealing with disputes and grievances in a strategic manner.
We have decades of experience acting for health sector organizations on labour and employment matters, including:
- Hospitals;
- Health clinics;
- Long-term care homes;
- Retirement homes;
- Home healthcare providers;
- Medical and dental offices and clinics;
- Health professional associations and regulatory bodies such as the College of Physicians and Surgeons of Ontario, The Ontario Association of Speech-Language Pathologists & Audiologists, and The Royal College of Dentists of Canada.
Experience Delivers Results
We have the unique advantage of lawyers who have in-house experience at healthcare providers. We know, first hand, the challenges that many of our clients face and can translate this into practical and timely solutions. Our experience and successes with our healthcare clients allows us to anticipate issues before they arise and proactively assess and manage litigation risk.
As one of the largest national labour, employment and human rights practices in Canada, and with offices in all major city centres, we are able to comprehensively assist clients with their labour and employment needs across the country in a coordinated manner to provide proactive, pragmatic and cost-effective advice.
Areas of Practice and Services
We bring the full depth of our team’s expertise combined with our extensive experience in this sector to help healthcare employers with a vast array of issues, including:
- Labour Arbitration: We have an outstanding record of success in winning the labour cases we present. Our lawyers are respected by arbitrators and other lawyers. We have extensive working relationships with lawyers for the predominate healthcare unions, including those representing ONA, CUPE, OPSEU, LIUNA, SEIU, Teamsters and NOWU.
- Collective Bargaining and Interest Arbitration: We have a deep understanding of collective agreements in the healthcare sector and assist clients in bargaining or represent them at interest arbitration.
- Labour Relations: We have vast experience in providing advice on collective agreement interpretation. Our lawyers are frequently before the Ontario Labour Relations Board on matters including unfair labour practice complaints, certification applications, successor employer applications, common or related employer applications, termination of bargaining rights and duty of fair representation complaints.
- Legislative Advice: We have extensive experience advising clients on employment related legislation including the Public Sector Labour Relations Transition Act, Excellent Care for All Act, Public Hospitals Act, the Employment Standards Act, Labour Relations Act, Human Rights Code, Occupational Health and Safety Act, Workplace Safety and Insurance Act, Accessibility for Ontarians with Disabilities Acts, Pay Equity Act, Hospital Labour Disputes Arbitration Act, and Broader Public Service Executive Compensation Act.
- Human Rights and Workplace Accommodation: As healthcare institutions face increasing sick leave costs and as the healthcare workforce ages, there is a growing need for workplace accommodation to support older employees and those with disabilities. This is particularly challenging given the physical demands of most jobs within the healthcare sector. Fasken is able to assist employers in developing accommodation plans, requesting additional medical information from doctors and employers and determining when a contract may be considered “frustrated” due to disability.
- Long-term disability and benefit claims: Healthcare employees may face long-term disability and short-term leaves, leading to claims for benefits and accommodations. We have worked on numerous grievances about entitlement to benefits, weekly indemnity claims, the duty to accommodate and long-term disability benefits.
- WSIB Claims: Workplace Safety and Insurance Board (WSIB) claims can be prevalent in the healthcare sector. We represent employers in appeals of workers’ compensation claims, and can help manage claims to reduce costs.
- Workplace Harassment and Violence Claims: The healthcare sector can be particularly susceptible to workplace harassment and violence due to the emotional nature of the work and patient interactions. We assist employers in developing robust policies and procedures to address these issues and protect employees. We also assist employers with conducting investigations or advising on the outcomes of investigations.
- Employment Advice: With the increase in employment-related issues and disputes, healthcare employers may face increased litigation. This can be costly and time-consuming, underscoring the importance of preventive measures and appropriate conflict resolution mechanisms. We are able to provide general employment advice, including advice on performance management, termination, employment contracts and employee litigation.
