VIC RTOs - Discrimination/Privacy breach

Discussion in 'Other/General Law Forum' started by Betty S, 14 February 2020.

  1. Betty S

    Betty S Member

    Joined:
    14 February 2020
    Messages:
    2
    Likes Received:
    0
    I have a couple of questions regarding a large organisation which incorporates into its operations, a RTO for the purpose of training its own people.

    Question one:
    Person with protected condition is removed from training, told they must attend medical review.
    Cannot participate in any way or attend facilities till medical review completed.

    Would the obligations under OHS laws overrule the need to provide reasonable adjustments as specified in discrimination legislation?

    Question two:
    Investigator looking into claim of discrimination appears to identify person and specify medical condition to every interviewee, although the person not being diagnosed with that condition.

    Wouldn't that be a gross breach of the person's privacy?
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,347
    Likes Received:
    891
    Yes, safety is the number priority.

    Possibly.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Betty S

    Betty S Member

    Joined:
    14 February 2020
    Messages:
    2
    Likes Received:
    0
    Agreed that safety should always be the number one priority.

    What if there was a way to allow training to continue whilst waiting for medical review process?
    ie, online training as opposed to onsite
     
  4. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,347
    Likes Received:
    891
    If training can easily be done, then it may be seen as a reasonable adjustment.

    Not knowing anything about the medical condition, it may be the employer doesn't want to do anything that may exacerbate the condition.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;