One area of practical importance to employers is an
employee’s right to examine material contained in his or her
personnel file. Often times an employee will request a copy of his
or her employee personnel file. Sometimes the request arises in the
context of a workplace dispute or in a civil claim against the
employer where the employee's representative makes such a
demand. In most instances, an employer does not know whether to
cooperate or push back. That's when the phone rings and the
caller says: "Person X asked to see his/her personnel file, do
I have to provide it?" In classic lawyer fashion, the answer
is: it depends.
Provincial Differences
Employee privacy law is not uniform across all jurisdictions. In
particular, for federally regulated employers (such as banks and
airlines), the collection, use, disclosure, storage and security of
personal information is governed by the Personal
Information Protection and Electronic Documents Act
(PIPEDA). Alberta,