Fair work ombudsman says employers have no right no attend employee medical visits

March 11, 2022 News

For over 10 years, the SDA has been stressing to our members that employers or their representatives have no lawful right to attend individual employee’s medical visits. Importantly, our strong stance is supported by the Fair Work Ombudsman.

The Fair Work Ombudsman recently said: “Employers have no reason to attend employees’ medical appointments, unless invited to do so.

“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.”

As always, the SDA strongly encourages all members to stand up for their rights and say “no” to managers who wish to be present at your Doctor’s appointment.

And remember, it is also your right to choose your own treating Doctor rather than give in to pressure to go to a ‘company preferred’ Doctor.

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