Whether an employer is required to provide performance review documents from an employee’s personnel file depends on the jurisdiction and the type of employer. In federally regulated workplaces and in provinces such as British Columbia and Alberta, privacy legislation generally gives employees the right to access their personal information, which can include performance reviews, subject to limited exceptions. In unionized workplaces, collective agreements often contain provisions allowing employees to review or obtain copies of documents in their personnel file.
In Ontario and some other jurisdictions, there is no general private-sector law requiring employers to provide employees with access to their personnel file, unless a workplace policy, employment contract, collective agreement, or legal proceeding creates that obligation. Even where there is no legal requirement, many employers choose to provide performance reviews to support transparency, fairness, and good employee relations, particularly if the documents are being relied on for discipline, performance management, or termination decisions.
-HRInsider Staff
