NSW Legal Recourse for Independent Contractor in a Medical Centre?

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podiatrist

Member
2 April 2017
1
0
1
I am a qualified Podiatrist and entitled to use the title Doctor. I work as an independent contractor at various medical centres.

Last week, without any warning, the practice manager at one such centre, for the first time since I was employed there, called me into a staff meeting. Present was the doctor, the practice manager, two receptionists and the practice nurse. The practice manager then accused me of taking without permission patient notes.

I said that this was not true as the patient notes that I took were the patients' EPC's . An EPC is the form the doctor himself writes to give the patient access through Medicare to allied health services such as podiatry. These forms are addressed to me and form part of my professional and legal documentation. I confirmed this with Medicare subsequent to this meeting. Moreover, such forms are addressed to me and not the practice. Moreover the practice manager and the doctor should have both been aware that I did need to keep these documents because it so stated at the bottom of the very form itself.

Prior to this she also had taken to having a receptionist present any time she spoke with me, as we have had issues over non payment of money on time, and she refuses to accept my invoices. Only recently her accountant has told her to have accounts to match the allied health professional's Medicare provider number and to ensure payments from Medicare are paid into them. Numerous emails have been sent over such pay issues and the practice manager had claimed that Medicare payments came in in dribs and drabs which meant she could not pay me in line with my invoices.

Subsequent to the meeting and further to the matter raised at the meeting the practice manager stated she required these documents to be left at the practice and I said I could not do that to which she responded I should leave and I did taking the documents with me. Her accountant has sent an email saying all pay will be paid out. As I left the receptionists were following me saying she still wanted such documents to be left at the practice.

My professional and personal honesty has seriously and publicly been questioned. The practice manager was asking that I do something that was professionally illegal, and as a practice manager, ought to have known. The doctor, her husband, also ought to have known but said and did nothing to support me.

I had no choice then but to quit my position there. As an independent contractor just three years out from qualifying and struggling to find such positions and make a reasonable living the financial impact on me is significant.

I just wonder if any legal recourse is open to me ?
 

Matt King

Well-Known Member
8 February 2017
26
4
124
54
Sydney and Wollongong
Sounds like a pretty messy state of affairs.

No doubt you would have had a contract setting out the terms of your employment as an independent contractor. If so, I'd be happy to look at this for you to advise whether you have any claim for breach.

You can book with me online (using the link below) if you would like to discuss.