An employee has been absent on a number of occasions. The
medical certificates state that the employee is suffering from a
"medical condition". The workplace relies on that
employee to function as a member of a team and his/her absences are
impacting on the work being done and their colleagues. The employee
does not provide any further information about his/her medical
condition. Can you require the employee to submit to a medical
examination and what happens if the employee refuses?
TAKING THE PLUNGE
Often, the first step is for an employer to ask, and if
necessary, direct the employee to undergo a medical examination.
Where the employee refuses, the employer needs to decide whether
that direction will stand up and what the consequences of that
direction are (that is, can the employer dismiss the
employee?).