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I had heart surgery and the company is suggesting I may not…

Customer Question
I had heart surgery...

I had heart surgery and the company is suggesting I may not come back even though I have no restrictions as per my doctor

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: Has anything been filed or reported?

Filed with whom

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am an electrician for the company

Submitted: 8 months ago.Category: Australia Law
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Answered in 2 hours by:
9/11/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,816
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, in relation to your important matter, and where your medical practitioner has provided you an all clear for the return to work and the employer is raising that as a result of your surgery you may not be able to return to work, is discrimination under the Fair Work Act.

Anti-discrimination legislation exists at federal level and in all states and territories in Australia.

The following anti-discrimination legislation exists at the federal level:

Age Discrimination Act 2004 (Cth) (ADA);

Disability Discrimination Act 1992 (Cth) (DDA);

Racial Discrimination Act 1975 (Cth) (RDA); and •

Sex Discrimination Act 1984 (Cth) (SDA). •

Australian Human Rights Commission Act 1986 (Cth) (AHRC Act);

The ADA prohibits discrimination against a person on the ground of age;

the DDA prohibits discrimination against a person on the ground of physical or mental disability;

the RDA prohibits discrimination against a person on the ground of race, colour, descent or national or ethnic origin and, in certain circumstances, being an immigrant; and

the SDA prohibits discrimination against a person on the ground of sex, sexual orientation, gender identity, intersex status, marital status, pregnancy or potential pregnancy, breastfeeding and family responsibilities.

The AHRC Act enables the Human Rights Commission to deal with complaints of unlawful discrimination under the above Acts. See Dispute resolution and remedies in discrimination matters. The AHRC Act also gives effect to Australia’s obligations under International Labour Organization Convention No. 111 by providing a separate process for resolving complaints about ‘discrimination’ in relation to employment and occupation. AHRC Act ‘discrimination’ encompasses a wider range of prohibited attributes than the concept of ‘unlawful discrimination’.

The Act that applies in your case in addition to the Commonwealth Act is Queensland — Anti-discrimination Act 1991

Where your employer is placing pressure on you to force you resign, this will also be a form of intimidation, harassing conduct, and a bullying claim may also be raised based on the facts of the matter.

There are claims that can be raised against the actions by your employer and the law will come to your aid.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 8 months ago
Thanks for the quick reply, my company are also requesting that I get my practitioner to fill out our company medical release form which my doctor finds very unconventional and does not know how to answer the questions. Is this common and do I need to use our companies form.
Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, your doctor is not legally required to sign a company medical release form. Your medical practitioner is only required to provide written advice that you are fit and able to attend work.

The requirement set by your company borders on the line of discriminatory conduct.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 8 months ago
I just received and email from my company, let me know if I should trust my company or what you suggest.
Here is the email sent.
As I understand, you have a scheduled appointment with your medical practitioner this week for medical clearance. In order to streamline the clearance process, I require your medical practitioner’s details so that I can send the task analysis for your role as a shift electrician.
Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, in relation to your question, it is ok to pass your details of the medical practitioner on to the employer. The doctor knows the limits of the law of confidentiality and will respect the same in relation to your circumstance.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 8 months ago
ok thanks I still have a few more questions but I have to go for a bit. Thanks and have a good day.
Solicitor: John Melis, Lawyer replied 8 months ago

If you like we can discuss by telephone for more efficiency when you are ready.

Kind regards
John Melis

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Customer reply replied 8 months ago
One more question so is it legal for my company to require my practitioner to ok their job analysis of my work.
Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, your employer may contact the medical practitioner and seek comment if you are fit and ready to continue work in your currently employed role.

Kind regards *****

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Customer reply replied 8 months ago
the company that I work for will not send me my job analysis that they want my practitioner to look over can I force them to send this to me and why would they be reluctant to send this to me.
Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, in relation to your important question, you may obtain a copy of this report directly from your medical practitioner. Each copy has difference policies in relation to communication with a doctor. The main point for you is that your doctor needs to provide full disclosure to you.

As to forcing the employer to give you a copy, you request them to provide that under the duty of disclosure, which needs to be in accordance with your employment contract. Where the employer fails to provide proper disclosure you may have a claim under the Fair Work Act.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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