May 192015
 May 19, 2015  Breaches, Non-U.S., Workplace

Roberto Ghignone writes:

Ontario Public Service Employees Union v. Ontario (Grievor Grievance), LAX/2015-147; [2015] O.G.S.B.A. No. 48.

Two employees were working together in a government department. One employee, (“Employee X”), looked at employment insurance file of a co-worker who was on sick leave, (“Ms. M”), during working hours but without a work related reason. In reviewing the file, Employee X found out that Ms. M had exhausted her entitlement to employment insurance.

Employee X also disclosed this information to a fellow employee who then reported the matter to the employer. After an investigation, the Employer determined that Employee X had accessed Ms. M’s records twice on the same day and on no other occasions. Employee X was then given a fifteen-day suspension.

The Union representing Ms. M brought a grievance seeking damages from the Employer for the tort of intrusion upon seclusion, which was recognized by the Court of Appeal in its 2012 decision in Jones v. Tsige, and a breach of the Freedom of Information and Protection of Privacy Act (“FIPPA”).

Read more on The Law of Privacy in Canada Blog.

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