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In this installment of Lancaster’s Workplace Essentials webinar series, panelists will review key principles governing the collection of employee medical information in unionized workplaces.

The webinar will address questions including:

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  • Does the type and scope of information that employers can request differ depending on the purpose for which the information is being collected (e.g. in relation to benefits administration, sick leaves, accommodation, attendance management, or certification of fitness and return to work)?
  • Is an employer entitled to information regarding an employee’s condition? Or only about any restrictions on job duties?
  • What can employers or unions do when medical information is based largely on self-reporting? Must employees provide “objective evidence” of their conditions, such as the results of a medical test or standardized clinical measure?
  • Can workplace parties request more specific information where the information provided is vague, deficient, or contradictory?
  • When is it permissible to request that an employee provide a specialist report or undergo an independent medical examination? What is the union’s role when this has been requested?
  • Are employers or unions entitled to communicate directly with an employee’s physician or require the employee be authorized to do so or provide a “blanket release” of employee medical information?
  • In what circumstances have arbitrators found standardized medical forms to be overbroad or otherwise inappropriate?
  • How should employers and unions respond where an employee fails to provide medical information that has legitimately been requested?

Moderator

Arvin Asadi

Lawyer and Workplace Investigator
Southern Butler Price

Speakers

Philip Abbink

Union Counsel
Cavalluzzo LLP

Marc Rodrigue

Partner, Fasken

Accreditation

CPD Alberta
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.
CPD BC and Yukon
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.
CPD Alberta
This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

CPD

  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.
  • Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
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