The union was in mourning. Removing a position requires termination under the collective agreement. The hospital could not compel employees whose positions were eliminated to follow the contractor`s work. Instead, they could choose to exercise their seniority rights, including shooting rights, under the collective agreement. Can an employer “transfer” its employees to another employer at the same time as the work it has done? An arbitrator said no; Workers are entitled to termination and the rights defined in their collective agreement. The Court of Arbitration presided over by Russell Goodfellow accepted the complaint and found that the hospital was withdrawing from its statements. It found that the elements of an Estoppel had been discovered: the parties had a tariff relationship, the hospital had presented a clear presentation to which it wished to be linked and the Union and the returning workers relied on this representation to their detriment. Subsequently, the hospital was ordered to assign the three returning staff members their accumulated seniority and service at the hospital. Arbitrator William Kaplan accepted the union. Like Adjudicator Owen Shime in an identical case, which had ruled a few months earlier, Adjudicator Kaplan ruled that employees whose positions were eliminated were entitled to terminate termination and exercise their seniority rights under the collective agreement. “Bill 197 doesn`t seem to have much to do with COVID-19`s economic recovery,” says McKenna. “Instead, health, safety and environmental measures can be watered down.” “The removal of the contractual rights of committed health professionals who sacrificed so much during this pandemic, including being with their families and friends to protect them from infection, has consequences for this government. This is an unnecessary conflict with loyal employees,” said Michael Hurley, President of the Ontario Hospital Board.
“The Prime Minister and his ministers are creating instability just as the province is reopened. We encourage them to rethink medical staff about their rights. “If the proposed legislation were passed, we could lead a responsible path to economic reopening and recovery without compromising all the progress we have made in the fight against this virus,” said Prime Minister Doug Ford when the legislation was announced on July 7.