Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request

In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…

School Boards Take Note: Recent Developments of Interest

In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.

2014 Fall Edition

FOCUS ON UNIVERSITIES Universities – higher learning in the HR world LEGAL DEVELOPMENTS Pillars of success: a “best practices” approach to post-secondary accommodation issues Top ten tips for medical information management PROFILE It’s academic Download PDF

Reaching Out – First Edition

Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…

Daniel Fogel Quoted in Benefits and Pensions Monitor

Hicks Morley’s Daniel Fogel was quoted in the March 8, 2012 edition of Benefits and Pensions Monitor . In an article entitled “Privacy Rights Increasingly Recognized,” Daniel comments on the increasing recognition of individual privacy rights when it comes to access to employee medical information for employers trying to manage illness in the workplace. View…

Effective Pandemic Planning

Employers have a general obligation under health and safety law to take all reasonable precautions in the circumstances to protect their workers. What does this entail, however, in a pandemic situation, such as the one currently facing employers? In our May 1, 2009 FTR Now – “Employer Bulletin: Influenza A(H1N1)” – we discussed some of…

Medical Information Management For Employers

We would like to build this bulletin around the diagram below, which illustrates a very common model by which employers manage medical information – i.e., one in which the employer seeks information from an employee’s treating physician through its own medical adviser. The point we’d like to make is that role definition is key to…

Hicks Morley Information & Privacy Post – Summer 2008

ENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…