Employee privacy in the accommodation process

February 09, 2014 0 COMMENTS

By Keri Bennett

We all know employees across Canada have an obligation to participate in the accommodation process. That extends to providing proper medical documentation. If an employee fails to provide such documentation, surely he or she could be disciplined. Not necessarily.

Notwithstanding the employee’s obligation to participate in the accommodation process, an Ontario arbitrator has ruled that an employer was not entitled to discipline an employee who failed to consent to the release of personal medical information to support repeat absences over a span of eight years. But there can still be consequences to the employee. read more…

Employee Can’t Invade Privacy of Another Employee

May 29, 2011 0 COMMENTS

By Ian Campbell and Justine Connelly

The evolution of privacy rights in the Canadian workplace continues. In recent months we have updated you on court and labor arbitration decisions that have commented on employee privacy rights. An individual employee tried to take her rights one step further when she sued another employee for invasion of her privacy rights.

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Can Workplace Surveillance Tapes Be Used as Evidence in Canada?

May 23, 2011 0 COMMENTS

By Lorene A. Novakowski

Another recent Canadian case dealing with collection of personal information about employees, this time through surveillance, emphasizes the importance of good employment policy language for Canadian employers. In Toronto Catholic School Board v. Canadian Union of Public Employees, Local 1280, [2011] O.L.A.A. No. 180, the question was whether surveillance tape evidence was admissible in an arbitration hearing.

In a previous article, we told you about the court decision in R. v. Cole. It was about whether inappropriate images on an employee’s workplace computer could properly be seized. One of the takeaways was that organizations should have clear policy language for employees.

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