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Your questions answered: Can we force an employee to have a medical review?

By Portner Press on May 10th, 2019
  1. Bullying, Harassment & Discrimination
  2. Discrimination in the workplace

Q
Can we request an employee to undertake a periodical medical review if such a clause is not stipulated in their current employment contract?

Also, what happens if an employee undertakes a medical review and they fail it for some reason? Can they be dismissed if they are deemed not fit to do their role?

A
You cannot request an employee to take a medical examination without reasonable grounds.

For example, if the employee has been absent from work on a number of occasions without explanation or you have reasonable basis to suspect that the employee has an injury or illness that creates a risk to health and safety in carrying out their duties.

Employees can be dismissed due to incapacity to carry out the inherent requirements of the position. However, the medical evidence must indicate that the person is unlikely to regain capacity for the foreseeable future.

Employees cannot be dismissed for a temporary absence or illness under the general protections provisions and you should exercise caution if the absence is less than three months or the employee is accessing their paid parental leave entitlement during that time.

Before making a potentially risky decision contact our workplace lawyers first

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