On August 7th, British Columbia labour arbitrator Julie Nichols issued a decision that addressed the discharge of an employee who refused to consent to an independent medical examination.
The decision is notable for two reasons.
First, the facts are common. The employee went off and provided medical evidence from a family physician that indicated he needed to change jobs on account of an “acute stress/anxiety reaction.” After receiving three communications from the family physician that were not helpful, the employer sought an IME based on a discretion set out in the collective agreement. Arbitrator Nichols held the employer acted reasonably in the circumstances because it had grounds to question whether the employee had “medicalized” a workplace issue.
Second, the award deals with the scope of information available to an IME provider. Arbitrator Nichols held that non-medical parties (employers, unions, employees) are not in a good position to determine the information needed to conduct an IME and that a reasonable IME process contemplates the collection of some extraneous information by the IME provider. The form at issue permitted the IME physician “to review copies of all medical and/or employment records related to my condition that will assist” and limited this permission by date range. Arbitrator Nichols held the form was reasonable.
Metro Vancouver v Greater Vancouver Regional District Employees’ Union, 2014 CanLII 74955 (BC LA).