“One-size-fits-all” form violates privacy rights

Despite the clause in the collective agreement that entitled the employer to medical information it needed to assess disability and return-to-work claims, it went too far. The information it demanded, the arbitrator found, involved treatment and diagnosis and was not required at the point in the grievor’s claim that it was requested.

Disciplined for her refusal to submit detailed medical information to a third party in support of her claim for short-term disability, a worker grieved. The union said the employer was infringing on the worker’s right to privacy.

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