PUBLIC SERVICE
Labour Relations
National Research Council (NRC) suspending respondent’s employment indefinitely without pay for refusing to undergo examination by physician chosen by employer—Judicial review of Adjudicator’s decision NRC not having sufficient grounds to make such request—Balance to be struck between employee’s right to privacy, employer’s legitimate duty to maintain safe workplace—Steps employer must take before insisting employee undergo medical exam—Concerns about validity of sick leave not justifying demand for medical exam—Must be “reasonable and probable” grounds for assuming employee is a danger to workplace—NRC not specifying particular grounds for believing respondent safety risk—Not providing rational explanation for refusing respondent’s offer to attend other doctors—Application dismissed.
Canada (Attorney General) v. Grover (T-1975-05, 2007 FC 28, Shore J., judgment dated 16/1/07, 30 pp.)