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by blitzar 1592 days ago
It is legal and normal(ish) in Austaralia [0] - talk to your doctors (immediately) they will have seen it before, lawyers will likely tell you to sign (I personally find emplyment lawyers the worst - my bias).

[0] https://www.racgp.org.au/afp/2017/august/employment-law-a-gu... (not the best source but probably a more useful one than the actual legislation)

My personal assumptions - It sounds like you have some or all of the following happening; a) a poor relationship with your boss, b) you have been back and forth refusing to sign this, c) had a bunch of time off sick, d) are on the path to being dismissed and they are lining up their various options, e) company has a covid vaccine idea to have everyone sign this and it has nothing to do with your mental health.

Some combination of the above suggest you are on your way out of the organisation - brush up the cv, cleanup your work and get an employment lawyer for the pending dismisal. You have been there 10 years, its amazing how personal and owrk merges over time. I didnt even have a copy of my employment contract when they shut the workplace email, phone, etc off. Let alone internal information that will be relevant to your dismisal. Disclaimer: dont steal stuff or IP etc.

If they are locking the doors, you may have missed the bus to negotiate a reasonable settlement whereby your practicioner(s) can certify you have no medical issues that would affect your role without the full release of medical records. If my assumptions are all wrong then that would be the most reasonable course of action.

2 comments

Your link doesn't say "give your employer all your medical records", it says "if you take medical leave you need a certificate from a doctor". There's no obligation to prove you have no medical problems at all, if the employer has a compelling interest (ex. if OP is an airline pilot and they can't have a seizure disorder) they should provide a specific list of disqualifying conditions.

There's no job where ADHD is going to be disqualifying for health and safety reasons.

KEY POINTS:

Where employers have concerns regarding the impact of an employee’s health on safety in the workplace, or there is uncertainty regarding adjustments required or the employee’s capacity to fulfil the inherent requirements of the job, employers can request employees to consent to obtaining further information from a treating practitioner – under threat of dismissal if necessary.

Can employers require additional medical information from a treating practitioner?

In certain circumstances, employers can require additional medical information from an employee’s treating practitioner. Employers have a non-delegable duty of care for the safety of anyone affected by their business operations. If the circumstances indicate that an employee’s health may have an impact on their safety at work, or that of third parties (eg co-workers), the employer has the right to clarify whether the employee’s circumstances can safely be accommodated.

Additional information may also be required to ascertain whether adjustments to the workplace can be made without detrimentally affecting the business, or to ascertain whether the employee is able to fulfil the inherent requirements of their position over the long term. In these circumstances, even if an employee is reluctant to provide the information, the employee – under a lawful threat of dismissal – can be directed to consent to provision of the information by their treating practitioner.

>Employers have a non-delegable duty of care for the safety of anyone affected by their business operations

Software, he works on software, not explosives, nuclear plants or dangerous machines.

Workplace safety won't fly for this request.

I dont like it anymore than the next person, but these are the games we have to play.

<Large Organisation> can and will make shit like this fly, every time. There is obviously something more going on that OP didn't add, relations between employee and employer have clearly broken down if they are locked out of the office till they sign the document.

If you are taking off a lot of time as a result of a condition, having performance issues related to a condition etc. then clearly this is the way things are going to play out, irrespecitve of where you work or what you do. Australian employment laws allow it, and employer is going to use it ss an easy way to move on a worker.

It doest make it right, but being an asshole isnt enough, you have to actually be breaking the law to be doing something illegal.

From your link…

”In many cases, employers have the right to seek further health information from their employees (eg for health and safety obligations), and employees can face disciplinary action and even dismissal if they are uncooperative.”

When I worked in a former UK colony in Asia I was kind of amazed I had to get a health exam and provide the results to my employer before starting.

Luckily the same country isn’t great on follow through so nobody bothered me when I didn’t do it.

Its amazing how many rules appear when your boss is trying to exit you from the building, and how relaxed these rules are every other day of the week.

Once upon a time (not very long ago) all the health insurance claims went through HR. And HR loves to gossip!