QLD Employer Threatening to Terminate Employment - Unfair Dismissal?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

user10101010

Member
16 February 2017
1
0
1
I informed my employer that I suffer from depression and anxiety. I was on a suitable duties plan for several months. My doctor and psychologist gave advice that I should return to normal duties. My employer than gave me a direction to attend their work appointed psychologist.

I followed that direction and my employer's psychologist asked me to sign a consent to release medical information form so that works psychologist could request information from my psychologist and doctor. I refused to sign the consent form because I didn't want my employer having full access to my doctor and psychologist.

My employer has now given me a show cause notice and said because I haven't given their psychologist access to my doctor and psychologist that is considered misconduct and will probably now terminate my employment.

I have always provided work whatever information they have requested but don't believe I should have to sign the consent to release information form.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Check your award and employment contract. If those two are silent on this issue the boss cannot force you to attend his doctor when yours has said you are OK for work.

If the consent is listed in either the award or employment contract see if can restrict who can see the medical detail to the work psychologist only, and not your boss. The time to attend should be on work time, not sick leave, as you are fit to work.