Confidentiality Order Issued in Ontario Public Service Employees Union (Bahadur) Grievance

In a landmark decision, the Grievance Settlement Board has issued a confidentiality order in the Ontario Public Service Employees Union (Bahadur) grievance, effective March 26, 2024. The order restricts access to medical records produced by the union and outlines strict guidelines for their use and distribution. The decision was made by Arbitrator Ian Anderson on March 25, 2024, following a hearing.

Key Takeaways:

• The Grievance Settlement Board issued a confidentiality order on March 26, 2024, in the Ontario Public Service Employees Union (Bahadur) grievance, restricting access to medical records.
• The order requires parties to comply with the directions, including obtaining agreement from third parties, and prohibits the sharing of documents with unauthorized individuals.
• All parties are directed to keep medical records confidential and make no copies, except for the purpose of the arbitration.
• Counsel for the Employer is only allowed to share a copy of the Grievor's medical records with one instructing client and an ERA.
• All copies of documents are to be destroyed or returned at the conclusion of the arbitration and any judicial review proceedings.
• The consent of both parties is required to disclose the Grievor's medical records in any subsequent proceeding.

Statistics:

• The Grievance Settlement Board issued a confidentiality order on March 26, 2024.
• The order applies to all medical records produced by the union in the Ontario Public Service Employees Union (Bahadur) grievance.
• The decision was made by Arbitrator Ian Anderson on March 25, 2024.
• The confidentiality order is effective until the conclusion of the arbitration and any judicial review proceedings.

Sources:

• In The Matter of an Arbitration Under The Crown Employees Collective Bargaining Act (Ontario Prov. Ser. Emps. Union (Bahadur) v The Crown in Right of Ontario (Ministry of the Attorney General))