FWC rules on case where worker refused to let employer speak with his doctor
21 May 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a worker's refusal to consent to employer communication with his doctor, which ultimately led to dismissal for serious misconduct.
The worker argued that his employer's request to speak directly with his GP violated his privacy rights and went beyond reasonable workplace requirements.
He maintained that while he was willing to provide medical certificates, the employer's demand for direct communication with his doctor represented an overreach.
The case raises important questions about the balance between workplace health and safety obligations and employee privacy rights, particularly when employment contracts contain clauses about medical examinations.
The conflict began after the worker, a senior relationship manager at a lighting company, had a meeting with the general manager and national sales and development manager where he raised concerns about workplace processes, including after-hours contact and bonus payment obligations.
Shortly after this meeting, the worker requested to work remotely from New Zealand. When this request was denied, he was invited to a disciplinary meeting regarding performance issues.
The worker called in sick on the day of the scheduled meeting and travelled to New Zealand, beginning a prolonged absence with multiple medical certificates...
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