Roberto Ghignone writes:
Ontario Public Service Employees Union v. Ontario (Grievor Grievance), LAX/2015-147;  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.