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Tag: Privacy

Employment and Disability: Some of the Challenges

Cases Considered: United Nurses of Alberta, Local 33 v. Capital Health Authority (Royal Alexandra), 2008 ABQB 126

PDF Version: Employment and Disability: Some of the Challenges

The recent decision of Justice D.A. Sulyma in United Nurses of Alberta, Local 33 v. Capital Health Authority (Royal Alexandra) provides insight into the challenges faced by both an employer and an employee in accommodating a disability in the workplace. The employer seeks information about the disability and how it should be accommodated, while the employee seeks to protect his or her privacy, in addition to an accommodation of the disability. The court must sort these issues out while also determining whether the employee has a disability.

Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

Cases Considered: Canada Safeway Limited v. Shineton, 2007 ABQB 773

PDF Version: Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

In a judicial review of a decision of Alberta’s Privacy Commissioner, Canada Safeway put forward a very interesting (yet ultimately unsuccessful) argument as a defence to a complaint that it breached a person’s privacy; Safeway argued that s. 7 (1)(d) of the Personal Information Protection Act (“PIPA”), S.A. 2003, c. P-6.5 violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms (“Charter”) s. 2(b).

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