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addictions

By Adam Gorley | 3 Minutes Read July 25, 2014

Arbitrators should apply ‘privacy spectrum’ to personal information

arbitrators-privacy-spectrumThe names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ discretion to disclose or withhold personal information under the Labour Relations Code and Personal Information Protection Act.

The case arose when a unionized employee was disciplined and the union grieved the punishment. The employee sought to have his name left out from the arbitrator’s decision-or anonymized by using only his initials. The union presented a number of arguments for why grievors’ and witnesses’ names should not be published in arbitration decisions:

  • The open court principle does not apply to labour arbitrators, because labour arbitrators are primarily a private dispute mechanism
  • Privacy legislation is quasi-constitutional
… Continue reading “Arbitrators should apply ‘privacy spectrum’ to personal information”

Article by Adam Gorley / Employee Relations, Payroll, Privacy, Union Relations / addiction disability, addictions, anonymized by using only initials, British Columbia Labour Relations Board, Charter values, Disability, discipline, discretion to disclose or withhold personal information, employment law, grievors' and witnesses' names should not be published, human rights, human rights code, Internet, labour arbitration, Labour Law, Labour Relations Code, mental health, mental health issue, misuse of personal information, new technological innovations, Non-publication of names in awards, Ontario human rights commission, open-court principle and the public’s interest, personal information, Personal Information Protection Act, policy, privacy spectrum, psychiatric disability, quasi-constitutional in nature, substance abuse, substance dependenc, traditional custom of publicizing the names of grievors and witnesses, union grieved the punishment, unionized employee

By Marcia Scheffler | 3 Minutes Read March 24, 2014

The business case for banishing the winter blues at work

Is it spring yet?  For some people, cold weather and lack of sunshine can trigger a type of depression more serious than winter blahs. Seasonal Affective Disorder (SAD) and other mental illnesses are rarely talked about at work and often carry serious stigma for those impacted.

Article by Marcia Scheffler / Accessibility Standards, Employee Relations, Health and Safety, Human Rights / Absenteeism, addictions, Conference Board of Canada, depression, duty to accommodate, duty to accommodate mental health disabilities, human rights commission, Imagine Canada’s Standards Program, legal obligations for employers, Marcia Scheffler, mental health, mental health disability, mental health issue, mental health issues, Mental Health Week, Mental illness, National Standard of Canada for Psychological Health and Safety in the Workplace, Not Myself Today 2014, Partners for Mental Health, presenteeism, productivity, Seasonal Affective Disorder (SAD), short-or long-term leaves of absences, stigma around mental illnesses, workplace, workplaces

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read May 30, 2013

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll, Union Relations / addictions, corporate downsizing, employment law, firing the long-term employee, Health and safety violations, HRinfodesk, just cause for termination, Labour Law, maternity leave, reinstatement, safety incidents, termination, terminations, undue hardship, warnings, wrongful dismissal

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