Ombudsman says employers have no right to attend employee medical visits

October 4, 2012 Member News

The following article was quoted in the industrial relations publication Workplace Express on 28 Sep 2012.

Employers have no reason to attend employees’ medical appointments, unless invited to do so, the Fair Work Ombudsman says.

Responding to reports of employers seeking to attend appointments, the Ombudsman says it “does not condone or support this behaviour and sees no reason why an employer should seek to attend a private and confidential appointment with an employee, unless specifically requested to do so by the employee”.

“While an employer may request evidence that would substantiate the reason for an employee’s entitlement to personal/carer leave, a medical certificate or statutory declaration is generally considered an acceptable form of evidence.

“The Fair Work Ombudsman does not consider that it is reasonable for an employer to seek to attend a medical appointment with the employee for this purpose and views this as a breach of the employee’s privacy.”

For further information on this important issue, members should speak to their Shop Steward, Delegate or phone or email the union office.