substance abuse

Arbitrators should apply ‘privacy spectrum’ to personal information

July 25, 2014 Adam Gorley Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations

The 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’ […]

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Employer’s random alcohol testing policy constitutes unreasonable invasion of employees’ rights to privacy

July 2, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

An employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.

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