In UFCW 1518 v. Sunrise Poultry 2015 BCCA 354, the BC Court of Appeal decided:
- PIPA applies to Labour Arbitrators (as an Arbitration Board);
- The consent requirements of PIPA do not apply to the collection and disclosure of personal information regarding the griveor;
- Labour arbitrators are permitted to collect personal information, and to disclose the information in the form of reasons to the director of the Arbitration Bureau, without obtaining consent from an individual. The director of the Arbitration Bureau is permitted by the Freedom of Information and Protection of Privacy Act to publish the reasons.
The Court noted: "It is difficult to see how a decision-maker, who is obliged to provide reasons that are subject to various levels of review, could possibly avoid disclosing personal information, as required by PIPA. The suggestion of the Union of using initials would not, in many cases, comply with the requirements of PIPA."
This statement will help refute future requests to use initials for grievors.
The Court concluded with: "PIPA does not affect the collection, use or disclosure of personal information in the course of a labour arbitration."
Arbitrators will continue to have the power to balance and protect privacy interests in the course of proceedings. However, griveors will not be able to proceed anoymously. Hopefully the prospect of publication will be a disincentive to fivolous griveances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
