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Health regions signal that they will not follow spirit or letter of the Essential Services Legislation in a possible work stoppage.
Regina (29 Aug. 2014) - A number of health regions have declared their intention to break Saskatchewans Essential Services law in the event of job action by members of the Health Sciences Association of Saskatchewan (HSAS/CHPS), the union which represents 3,600 specialized health care professionals across the province.
Employers not following legislative direction
The Essential Services law is quite clear that any employee deemed to be essential during a work stoppage is required to continue to work their normal hours during any job action. In recent weeks, all health regions have declared a majority of HSAS/CHPS members to be essential in the event of any work stoppage. The health regions have HSAS/CHPS written notice to that effect, but a number of health regions have gone on to verbally inform workers that they will be called in only part-time during any work stoppage.
Violating spirit and intention of Essential Services legislation
"This breaks the spirit and the letter of the Essential Services legislation," HSAS/CHPS President Karen Wasylenko said at a Regina news conference.
"If this illegal activity by health regions is allowed to stand, Saskatchewan patients and their families will be faced with exactly the kind of health care service cuts that this law is supposed to prevent, " Wasylenko added.
"Section 20, subsections (1) and (2) of the Essential Services Act are very clear that a failure to comply with the Essential Services Act is a serious offense. Fines of up to $50,000 for a first offence and up to $10,000 a day for a continuing offence may be imposed. This sanction applies equally to workers, their unions and health care employers. For health regions to declare a worker essential, but then refuse to call them into work for their regular duties during a work stoppage is a clear violation of the law," Wasylenko charged.
Issue brought to the attention of provincial government
"Health Sciences wrote to the Premier, Minister of Health, Minister of Labour and all health region CEOs on July 24th bringing this serious issue to their attention. The only substantive response was an e-mail from SAHO, which claims ' we are of the position that we have the ability to amend schedules as necessary to discharge our essential services obligation' .
"We believe firmly that this position is in violation of the Essential Services Act. We urge health care employers to put patients first, and reverse this decision immediately," Wasylenko concluded.
HSAS/CHPS represents more than 3,600 specialized health care professionals from thirty professions including: emergency care workers like paramedics; acute care workers like hospital pharmacists and respiratory therapists; rehab professionals like physical therapists and speech language pathologists; and community-based professionals like public health inspectors and social workers.
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