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Our regular readers will recall a previous blog about the case involving Jan Wong, a former Globe and Mail columnist, who violated the confidentiality clause in a settlement agreement that was intended to finally resolve her unjust dismissal grievance.  Wong disclosed information about the settlement in her published book, Out of the Blue.  The arbitrator found that Wong’s disclosure breached a specific provision of the settlement agreement, and ordered her to repay $209,912 to her former employer.

In an attempt to reverse the arbitrator’s decision, Wong applied to Divisional Court for judicial review.  To put it mildly, she did not succeed.  Moreover, she was ordered to pay $30,000 in legal costs to her former employer and union.
Continue Reading Settlement Agreement Confidentiality Strongly Enforced: Former Globe and Mail Columnist Who Was Ordered to Repay $209,912 Now Required to Pay $30,000 in Legal Costs

In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not override a union’s right to receive the information that it requires to fulfill its representational duties.  Accordingly, employers may be required to disclose information that will allow a certified union to contact members of its bargaining unit at home, and failure to do so may constitute an unfair labour practice.

Continue Reading Privacy in the Labour Relations Context: Union Entitled to Contact Employee at Home