"Mental Health and the Workplace: Important Issues for HR Professionals to Consider" Norton Rose LLP for the Canadian Industrial Relations Association (CIRA)

Canvesses the law on medical information disclosure requirements. Discusses how adjudicators seek to balance the employee’s right to privacy with the employer’s right to manage the workplace, maintain safety, and expect a certain level of performance. The article reviews the employee’s obligation to disclose medical information for the employer to assess the employees fitness to work or to assess reasonable accommodations or as necessary for hearing and what type of information may be requested. Discusses the employees right to refuse disclosure and the consequences. Discusses when employer is deemed to have constructive knowledge of the disability. Discusses that employee can not be terminated for misconduct if there is a causal connection between the disability and the conduct.