Public Health Ontario (PHO) employees, who have been working tirelessly to conduct COVID-19 testing and other vital services, have received a pay increase of 5.25 per cent over three years. This comes after a provincial law that limited their salary growth to one per cent per year was declared unconstitutional and scrapped by the government.
Bill 124 violated workers’ rights, court ruled
The law, known as Bill 124, was passed in 2019 by the Ford government and applied to about one million public sector workers, including teachers, nurses, hospital staff, public servants, and college faculty. It aimed to curb the province’s spending and reduce its deficit by capping wage increases for those workers at one per cent annually for three years.
However, the law faced several legal challenges from unions and workers’ groups, who argued that it violated their constitutional right to free and fair collective bargaining. In January 2024, the Court of Appeal for Ontario agreed with them and struck down the law as unconstitutional. The court said that the law interfered with the bargaining process and imposed an outcome that was “substantially predetermined” by the government.
The government did not appeal the ruling and instead repealed the law in February 2024. Premier Doug Ford said that he respected the court’s decision and that the repeal was done in recognition of the high cost of living and the sacrifices made by public sector workers during the pandemic.
PHO workers awarded retroactive pay increase
Since the law was invalidated, several groups of workers that had “reopener” clauses in their contracts have been awarded additional retroactive pay by arbitrators. These clauses allowed them to renegotiate their wages in case the law was overturned or amended.
The latest group to benefit from this provision is the 700 employees of PHO, who are represented by the Ontario Public Service Employees Union (OPSEU). They include lab technicians, scientists, epidemiologists, and other professionals who perform COVID-19 testing as well as HIV, food, and water testing.
According to an arbitration award issued by William Kaplan on February 28, 2024, these workers will receive an additional 0.75 per cent retroactive to 2020, another 0.75 per cent for 2021, and an additional 3.75 per cent in 2022, on top of the one per cent per year they already received. This amounts to a total increase of 5.25 per cent over three years.
Kaplan said that the PHO employees deserved the pay hike because they contributed greatly to the management of the pandemic and helped keep Ontarians safe. He also noted that they faced significant challenges and risks in their work, such as increased workload, exposure to infectious agents, and mental stress.
OPSEU welcomes the award, calls for more funding for PHO
OPSEU president Warren (Smokey) Thomas praised the arbitration award and said that it was a “well-deserved recognition” for the PHO workers. He said that they have been “heroes” throughout the pandemic and that they have shown “incredible dedication and professionalism” in their work.
Thomas also called on the government to increase its funding for PHO, which he said has been underfunded and understaffed for years. He said that PHO needs more resources and support to continue its vital role in protecting public health and preventing future outbreaks.
“The Ford government must stop treating PHO like an afterthought and start investing in it like a priority,” Thomas said. “We need a strong and robust public health system that can respond to any emergency and safeguard the health and well-being of all Ontarians.”
