COVID-19: the FIQ is going to Court against a ministerial decree that is deemed abusive
Last month, the nurses of the FIQ, have made “camping” in front of the Institut universitaire de gériatrie de Montréal to push the employers to agree with their local union on the terms and conditions of the holiday.
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13 July 2020 19h37
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COVID-19: the FIQ is going to Court against a ministerial decree that is deemed abusive
The canadian Press
The Fédération interprofessionnelle de la santé du Québec (FIQ) and the Fédération interprofessionnelle de la santé du Québec – private Sector (FIQP) were seized Monday, the superior Court of a petition to put an end to what they see as a “denial of democracy”.
The FIQ and the FIQP deny the renewal of a ministerial decree, arguing that it violates the rights of their members.
The two federations claim that the context of the pandemic is not “justified” the suspension of several provisions of their collective agreement.
Of powers, “exceptional” for the managers of health institutions have been exercised “abusively”, and in particular to the zone, instead of work, holidays and leave of health staff, support the two organizations.
Deferred vacation
The ministerial order allows school principals to postpone a vacation or limit the exercise, because of the crisis of the sars coronavirus.
Last month, the nurses of the FIQ, have made “camping” in front of the Institut universitaire de gériatrie de Montréal to push the employers to agree with their local union on the terms and conditions of the holiday.
If it is necessary to collectively remain cautious, it appears obvious to the FIQ and the FIQP that the pandemic has the wide back as regards the working conditions of their members, it was argued.
“It is clear that these orders-there are no longer used to face the emergency of the pandemic, but to manage problems in the network that existed prior to the COVID. This is no longer the health of the population it protects, but measures that are “convenient” for managers,” says the president of the FIQ, Nancy Bédard, by issuing a press release.
“We sent letters, we have expressed, we used all the channels to get our message out. It is made to go to court”, she explained.
The FIQ and the FIQP ask that the order may not be renewed.
“It is clear that these orders-there are no longer used to face the emergency of the pandemic, but to manage problems in the network that existed prior to the COVID. This is no longer the health of the population it protects, but measures that are “convenient” for managers ”
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The president of the FIQ, Nancy Bédard
In this application to the superior Court, the FIQ and the FIQP argue that the government goes beyond the powers conferred upon him by the public health Act and makes an abusive use of the measures of exception that it can enact.
They also allege that the order 2020-007″ clearly infringe the fundamental rights of its members.
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