Disability Management Program Violates Employee Privacy

|Canadian Labour Reporter|Last Updated: 02/06/2011

Citing contract provisions governing medical assessments for workers returning to work following an injury and arguing a compelling interest in reducing the toll of workplace injuries, an employer sought to justify its unilateral imposition of a disability management program.

A key feature of the program required workers to attend an occupational health clinic contracted by the employer immediately following a workplace injury.

The union grieved the policy calling it an unwarranted intrusion on worker privacy and a violation of statutory protections that allow a worker to choose his or her own doctor.