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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am currently a practice manager of a very small medical

Customer Question

Hi I am currently a practice manager of a very small medical practice. One of our staff members came in this morning sick - she has chronic asthma. Firsty she has been seen by one of our GP. The GP came to me and aksed me if she can go home. The GP was told if she is unwell she must please go home, she has been admitted at hospital the couple of months in ICU due to asthma. The employee came out and said that she is feeling okay and is not going home. I totally disagree but don't know if I had the right to tell her to go home. This is a big issue due to the fact that another employee complain because she is always sick. The owner of the practice did not say anything and was okay with it. What can I do?
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Customer: Firstly I feel she cant work in medical environment if she is not well, and it looks unfprofessional and the worse thing is that we don't have extra staff that means I need to step in every time - I behind with my work and are told that I need to catch -up. One staff member already complained I cant leave it and need to sort this out or get policy in please but need legal advise
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Yes it is Australia, ACT, Canberra
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time - 37.5 - but she currently working more hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I as practice manger refuse to do reception duties due to her that is always unwell although I have recommend that we need more staff to fill in when one is sick
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

If you feel that she is unwell you have a right to ask for a medical certificate form her treating doctors that she is ready to go back to work.

If she cannot do the job because of the illness then you have to discuss this with her.