A registered nurse who was enrolled in a specialty emergency nursing program at Halifax Infirmary has been denied shift premiums for evening, weekend, and holiday work during her clinical shifts, following a recent arbitration decision.
The grievance, filed by the Nova Scotia Government and General Employees Union (NSGEU) on behalf of the nurse, challenged the employer’s decision not to pay additional compensation for work done outside regular daytime hours. The nurse, who had been employed by Nova Scotia Health Authority (NSHA) since 2019, argued that she was entitled to shift premiums under the terms of her collective agreement while completing her clinical shifts in the emergency department as part of a four-month educational program.
Arbitrator Eric K. Slone ruled in favour of the NSHA, stating that while the nurse was compensated during her time in the program, she was not entitled to the shift premiums typically paid for night, weekend, and holiday work under the collective agreement. The decision emphasizes the difference between hours worked in a regular employment context and time spent fulfilling the educational requirements of the program.
Program specifics and grievance background
The nurse began the Emergency Nursing Program (ENP) in January 2023, after signing a Return of Service Agreement (RSA) with the NSHA. The RSA required her to work full-time in the emergency department for one year after completing the program. As part of the agreement, the NSHA covered the program costs, which ranged from $22,000 to $28,000 per nurse.
During the program, the nurse performed supervised clinical shifts in the emergency department, in addition to completing independent study and online learning. She was also permitted to take on casual shifts in her former unit, for which she received full compensation.
The dispute arose over the nurse’s claim that her work during clinical shifts should have qualified her for the shift premiums outlined in the collective agreement. The NSGEU argued that the collective agreement guaranteed the nurse “all benefits available to the Employee” during her time in the program, which they said included premiums for night, weekend, and holiday shifts.
Employer’s position and interpretation of the agreement
NSHA countered that the nurse was participating in an educational program, not filling a regular shift, and was thus not eligible for shift premiums. According to the employer, the program’s purpose was to train nurses for independent practice in the emergency department, and participants were paid at their regular rate to ensure they did not lose income while learning.
The employer maintained that while the nurse was still accumulating seniority and continuing benefits such as pension and health insurance during the program, the shift premiums were not part of the compensation for those enrolled in educational terms.
As the Manager of the Emergency Department at Halifax Infirmary, testified, nurses in the ENP were considered to be on educational leave, despite participating in full-time clinical shifts.
Arbitrator’s decision
In his decision, Slone noted that the case hinged on whether the hours spent in the program could be classified as “hours worked,” which would have entitled the nurse to shift differentials, or if they were considered part of her educational training. He concluded that the latter was the case.
“The preamble to the RSA makes clear that this is an ‘Education Term… for the sole purpose of entering and completing the Post Graduate Specialty Nursing Program,’ and that this term ‘includes some combination of working and education combined,'” Slone wrote.
He further explained that the RSA clearly stipulated that the nurse would be paid her regular salary during the program, but did not provide for the additional compensation typically available to nurses working in a regular employment context.
“I believe the wording used clearly points to an intention only to continue to pay the nurse’s regular salary and benefits for the duration of the program, based on their employment prior to entering the program,” Slone stated in the ruling.
The arbitrator rejected the union’s argument that the phrase “all benefits available” in the RSA should be interpreted broadly to include shift premiums. Instead, he agreed with the employer’s interpretation that “benefits” referred to specific protections such as continued service accrual and pension contributions.
“The Union has not persuaded me that the Employer failed to compensate the grievor with extra premiums and entitlements during her clinical shifts, and accordingly the grievance is denied,” Slone concluded.
For more information, see Nova Scotia Government & General Employees Union v Nova Scotia Health Authority, 2024 CanLII 93655 (NS LA).
