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…