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Medical Certificates

Top 10 Canadian Cases on Workplace Privacy in Unionized Employment

Lancaster House presented an audio-conference last Thursday (May 13, 2010) on the "Top 10 Cases on Workplace Privacy in the Unionized Workplace". The cases covered  - there were more than 10 - were:

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Reasonable to request Functional Capacity Evaluation and Independent Medical Examination in accommodation process

Jurisdiction: - British Columbia

In a recent case - Sluzar v. City of Burnaby (No. 3), 2010 BCHRT 19 - the BC Human Rights Tribunal ruled, among other things, that the employer had a valid and reasonable basis for requesting that the employee attend a Functional Capacity Evaluation (FCE) and an Independent Medical Examination (IME) with a psychologist, as part of the accommodation process.

You can read Bull Housser Tupper's summary of this case here.

Employee’s refusal to extend Return to Work Agreement, acknowledge alcohol dependency, not just cause

In Taylor v. New Westminster (City) (Vancouver Registry S084283, August 19, 2009), the court found that the employer did not have just cause to dismiss an employee who refused to sign an extension to a Return to Work Agreement that required him to acknowledge that he had an alcohol dependency.

Background

At the time of his dismissal, the employee was 54 years old, had 16 years of service and earned a salary of approximately $90,000 per annum. He was Manager of Fleet Services, a safety sensitive position in that he supervised a team of mechanics who performed maintenance and repair work on the employer's various vehicles, including those for the fire and police departments.

Until February 2007, the employee had "an excellent work history" and the employer had "no concerns about his safety in the workplace" (para. 9).

The Incident  read more »

Employee’s treatment for drug addiction/fragile health factored into calculation of reasonable notice period

In Pereira v. The Business Depot Ltd., 2009 BCSC 1178, the court factored in the employee's recent release from a drug addiction treatment centre, and his vulnerable state of health generally, in determining the reasonable notice period.

Background  

The employee started working at Staples in 1997, after being recruited from another company. He was eventually promoted to general manager of the Nanaimo location.

Prior to June 2003, he was regarded as a good performer. However, starting at this time his professional conduct took a dramatic turn, as was repeatedly late for work, sometimes would not show up at all or would leave mid day for extended periods.  The employee eventually advised his district manager that he was depressed, fatigued and very unwell.  read more »

Supreme Court of Canada modifies law on Wallace Damages

On June 27, 2008, the Supreme Court of Canada issued its much anticipated decision in Honda Canada Inc. v. Keays 2008 SCC 39.

In the decision, which some view as a victory for employers, the court modified the manner in which Wallace damages are calculated and provided further clarification on when they, along punitive damages, should be awarded in the employment context.

As part of its analysis on Wallace damages, the SCC also provided some guidance to employers on the extent of their right to medical information in accommodation cases.

Background

Mr. Keays had been employed by Honda for 14 years when his employment was terminated in March 2000. At the time, he was in a data entry position.  read more »