The Court of Appeal will examine the mandatory overtime of nurses

Court of Appeal to consider mandatory overtime for nurses

The Quebec Court of Appeal will hear the case next January.

The issue of nurses' OSI – compulsory overtime – and of the Administrative Labor Tribunal's power to intervene in this regard will end up in the Court of Appeal.

The Court of Appeal has indeed agreed to hear the employer party of the health network, which is contesting a decision of the Superior Court on this subject.

Initially, the Interprofessional Health Federation (FIQ) addressed the Administrative Labor Tribunal to ask it to force employers in the health network to use all available means to limit the use of working hours. mandatory additional.

But, in 2019, the Court considered that this was a question of management rights over which it had no control. He accepted an objection from the employers, which means that he did not rule on the merits of the FIQ's request for intervention.

However, on March 1, the Superior Court ruled in favor of the FIQ, which challenged this decision of the administrative tribunal. Judge Marc St-Pierre had referred the case to the Administrative Labor Tribunal to hear the merits of the FIQ's request for intervention.

He there is perhaps and even certainly a conflict created by the misuse or supposed misuse of the TSO, it is apparently not disputed, perhaps a concerted action of the managers to use it because less complicated or less costly [according to the claims of the unions] and perhaps harm to a service to the public, all of which cannot be decided without examination, concluded Judge St-Pierre.

Then, it was the Employers' Committee for Health and Social Services that addressed the Court of Appeal, in turn contesting the decision of the Superior Court. And the Court of Appeal has just agreed to hear the case next January.

There will therefore be a question of the power of intervention of the Administrative Labor Tribunal regarding the use of compulsory overtime by employers in the health network.

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