Questions & Answers

Can health information be shared between the union and human resource department under a duty to accommodate? Can my employer share my general health information with my union as a duty to assist in resolving disputes?

The disclosure of health information between a union and a human resources department will vary from case to case, dependent on the current collective agreement between the two parties. Most collective agreements prescribe the guidelines for various types of disclosures. To fully address this question, additional information is required; does other legislation apply such as the Workers Compensation Act (WCB), Occupational Health and Safety (OH&S) enactments, etc.?

Our Office recommends that an individual who believes that their privacy may have been breached, please contact a union representative to discuss the matter regarding the collection, use or disclosure of health information under the current collective agreement. As well, follow-up with the Labor Relations Board, as per section 135 of the Alberta Labor Relations Code, every collective agreement is required to contain a method for dispute resolution of differences arising under the collective agreement.

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