Disclosure of Mental Illness a Breach of Employee Privacy

• Author: Yosie Saint-Cyr
• Date: January 29, 2015

On December 4, 2014, an Alberta labour arbitrator decided that an employer owed a grievor $5,000 in damages for breach of privacy due to the disclosure of the employee’s presumed mental illness during the formal review of a workplace conflict.

Facts of the case

Edmonton Police Service v Edmonton Police Association details the case of a 30-year detective with the Edmonton Police Service.

In 2011, the police service was considering transferring the grievor from one unit to another. The employer planned to assess the results of a broadly based unit review and then decide on the transfer during the first week of October.

However, tension arose between the grievor and his staff sergeant over the potential transfer. On September 30, the two argued, the sergeant had an outburst, swore at the grievor and suspended him with pay. A quick decision was made to transfer the grievor immediately and involuntarily, before the unit review was completed.

Subsequently, concerns were raised about the grievor’s well-being and emotional state. The employer asked the grievor to have a psychological assessment. He reluctantly agreed. Ultimately, the psychologist reported that, despite the grievor’s emotional reaction to a difficult work situation, and the shock of his removal from his unit, he had adjusted quickly and was “psychologically intact and functional.”

On October 4, while the grievor was suspended and before his psychological assessment, a meeting of his unit’s staff took place. The goal of the meeting was to discuss the unit review, including the decision to reassign the grievor. But that was not all that took place. There was some discussion about the transfer, but there were also references to the grievor’s health and emotional condition. The police superintendent expressed concern for the grievor, suggesting that his colleagues should reach out to him and support him. The attendees were also told he was seeking help from the employee assistance program.

After the meeting, the grievor’s assigned partner sent an email to all of the persons who had been at the meeting assuring them not to worry about the grievor because of the comments made at the meeting.

On behalf of the grievor, the Edmonton Police Association launched a grievance complaining about the involuntary transfer and also the privacy issues that arose out of the unit meeting. The association argued that there were two breaches of the grievor’s privacy rights. First, without any sufficient cause, he was...