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Know Your Rights: Mandatory Medical Examination?

The National Research Council of Canada (NRC) suspended the employment of an Institute member indefinitely without pay because he would not undergo a medical examination by a physician chosen by the employer.

The member had provided the employer with a medical certificate from his own physician supporting medical leave. The employer was of the view that the employee was using sick leave to avoid management committee meetings and as such, wanted the employee to undergo a medical examination by a doctor chosen by the employer. The employee refused and was suspended indefinitely without pay.

The Federal Court, in its ruling said:

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“It does not follow that an employer can automatically demand that an employee undergo a medical examination. Rather, to balance the employee’s right to privacy and bodily integrity, the employer must explore other options to obtain the necessary information. If the employer is dissatisfied with these other options, including and in particular a medical certificate, tendered by the employee, it has the duty to clearly explain to the employee or state the reasons why the information is insufficient. Again, this respects the employee’s right to privacy and allows him or her to assess the employer’s objections and produce other information if needed. It is only after all of these steps have been canvassed that an employer can in certain instances insist that an employee must attend a doctor chosen by the employer.”

Remain Active

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Nearing retirement? Consider remaining a PIPSC member.

For further information on maintaining your membership after retirement, please contact the Institute’s Membership Section at membership@pipsc.ca or the Chair of the Retired Members Guild, Joe Pelisek at vjpelisek@sympatico.ca

Steward Training
For more information or to register for the training sessions listed, call your regional office.
ATLANTIC Advanced November 15-17
QUÉBEC Advanced October 11-13
NCR Basic (English) August 22-23
Advanced (English) September 26-28
Basic (English) October 12-13
ONTARIO Basic October 19-20

 

Regional Councils
QUÉBEC September 7-8
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PRAIRIE/NWT September 14-15

 

Steward Councils
ATLANTIC October 19-20
ONTARIO September 21-22
BC/YUKON October 12-13

Publish Date: 12-JUL-2007 04:47 PM