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Employment - Federal - General. Osman v. Canada (Attorney General) [E'rs right to access medical records]
In Osman v. Canada (Attorney General) (Fed CA, 2026) the Federal Court of Appeal dismissed a federal labour JR, this brought against "a decision of the Federal Public Sector Labour Relations and Employment Board" which "dismissed two complaints filed by the applicant pursuant to the Canada Labour Code, R.S.C. 1985, c. L-2 ("“the Code”"), and two grievances filed pursuant to the Federal Public Sector Labour Relations Act".
Here the court considers the issue of an employer's rights wrt an employee's medical records:[14] As for the second grievance relating to the applicant’s termination, we also find that the Board’s decision was reasonable. Again, the applicant argues that it was unreasonable for the Board to conclude that the employer had just cause under paragraph 12(1)(e) of the Act to terminate his employment based on his refusal to undergo a FTWE [SS: 'fitness to work evaluation']. He relies on Burke v. Deputy Head (Department of National Defence), 2019 FPSLREB 89 [Burke], for the proposition that an employer cannot compel disclosure of personal medical information absent the employee’s consent.
[15] Here again, we agree with the Board’s reasoning and its interpretation of Burke and related Federal Court jurisprudence; the case law stands for the proposition that the applicant’s right to privacy and bodily integrity must be balanced with the employer’s obligation to ensure a safe workplace: Canada (Attorney General) v. Grover, 2007 FC 28 at para. 65.
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