Supervisor threatens to violate Canada Labour Code by threatening to recoup cancelation fees.

These days, sick and injured employees face an unprecedented level of scrutiny from both Manulife Financial and Canada Post. There are more questions, more forms to fill out, and more ultimatums. It is also becoming more and more common for injured employees to be pressured into attending medical examinations by physicians selected and remunerated by Canada Post.

Arbitrators have long held that Canada Post must properly articulate its concerns with an employee’s medical information before ordering an employee to attend a medical examination by a physician chosen by Canada Post. This approach has been adopted to ensure that an employee, with the assistance of his or her physician, will have the opportunity to respond to any legitimate medical concerns before being subjected to the intrusion of a medical examination by a physician of the Corporation’s choosing.

Too often, though, such reporting instructions are issued without any explanation. Manulife representatives (who represent Canada Post) usually issue such instructions by way of form letters without identifying any shortcomings in the medical information previously provided by an employee’s physician. Since Manulife and Canada Post supervisors work in tandem, employees are often ordered to attend post office-funded medical examinations under the threat of suspension and/or discharge.

When faced with such threats, it is important to seek immediate assistance from a Union representative.

Another tactic that is employed when pressuring employees to attend medical examinations involves the threat of financial liability.

With increasing frequency, employees have been warned that their failure to report for post office-funded medical examinations could result in being held liable for the cost of cancellation fees.

On February 12, 2009, Prince Rupert Superintendent Janet Beil made just such a threat.

In her letter of that same date, Beil instructed a Prince Rupert Letter Carrier to attend a medical examination by a physician chosen by Canada Post and threatened to recoup any funds resulting from a cancelation:

Fortunately, threats such as those expressed by Ms Beil are at odds with the law; Section 254 of the Canada Labour Code prohibits such recovery:

The only permitted deductions are those required by a federal or provincial Act or regulations, those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee, amounts authorized in writing by the employee, overpayments of wages by the employer, and other amounts prescribed by regulation.

Canada Post may not make deductions from an employee’s wages to recoup the cost of cancelation fees. Further, Canada Post may not make deductions from an employee’s wages to recoup the cost of broken tail-lights, damaged mechanical equipment, motor vehicle mishaps or split milk. It is illegal.