An Ontario arbitrator held that voluntarily accepted shifts and additional scheduled hours both count when deciding whether a nurse has worked the 5 consecutive shifts that trigger premium pay, although the additional hours themselves carry no premium. The hospital's longstanding unchallenged practice prevented recovery for the voluntarily accepted shifts through estoppel, but the nurse was awarded the premium for her 5th consecutive shift on February 19, 2023.
Case card
Northumberland Hills Hospital v Ontario Nurses’ Association, 2026 CanLII 93813 (ON LA)
Source reviewed · Court holding
Held. An Ontario arbitrator held that voluntarily accepted shifts and additional scheduled hours both count when deciding whether a nurse has worked the 5 consecutive shifts that trigger premium pay, although the additional hours themselves carry no…
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