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.

A GDPR Primer for Canadian Higher Ed – Teleconference

The European Union’s General Data Protection Regulation comes into force in late May and applies to entities outside of Europe who offer goods and services to EU residents. The “GDPR” raises issues for Canadian Higher Ed institutions given their dealings with international students and alumni and their offering of online programming.

IMEs and the Scope of an Employer’s Communications with IME Examiners

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…

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…