Wednesday, October 3, 2007
12:30 p.m. - 2:00 p.m. EDT
Playback: Wednesday, October 10, 3:30 p.m. - 5:00 p.m. EDT

Jim Dorsey, Q.C.

Arbitrator/Mediator

Craig Bavis

Union Counsel
Victory Square Law Office

Shana Ivall

Employer Counsel
Sherrard Kuzz

ISSUES:

In the last year, courts, tribunals, and arbitrators have grappled with a growing number of cases involving access to and disclosure of medical information, and the limits to be placed on them. How should employee privacy rights be balanced against the employer’s need to obtain, use and disclose medical information? What must unions and employers do to protect the confidentiality of medical information? When must employees’ consent be obtained, and what are the elements of an effective consent? What practices will ensure that employers and unions are meeting their statutory obligations under new privacy legislation? In this advanced session, Lancaster's team of expert practitioners will examine these questions through the lens of the latest arbitral and court decisions and legislative developments. Topics will include:

• When does the employer have a right to demand medical information from employees, and how much? When can an employer discipline a worker for refusing to provide detailed information? In what circumstances can a worker be withheld from the job pending the provision of more detailed information?

• What information do employers require to assess accommodation options? Can employers demand more information from disabled employees (medical certificates for every absence, reports on rehabilitation progress) than is required of other employees? When have adjudicators held that an employee's refusal to provide medical information cancelled the employer's duty to accommodate?

• What actions may an employer take when it is of the view that a medical certificate is inadequate? When can an employer insist on a second opinion? When can an employee be compelled to attend a doctor of the employer's choice, or submit to an independent medical assessment? Can an employer's doctor communicate with the employee's doctor without the employee’s consent? Must employees provide consent or face discipline?

• Who is entitled to see an employee's medical information? Is a worker's manager or direct supervisor entitled to access the employee's medical information? Are the employee and the union entitled to medical information in the possession of the employer, its physician or its staff?

• What medical information relating to an employee is the employer entitled to access during the grievance/arbitration process? Can an arbitrator order a grievor to disclose medical information during the arbitration proceedings? Can arbitrators order grievors to undergo medical examinations? What restrictions will be imposed on the use of medical information by arbitrators?

• In what circumstances can employers seek the release of employee medical information from third parties (doctors, hospitals, occupational health and safety nurses, benefit providers, workers' compensation boards)?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.