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Employer's "genuine" safety concerns made IME direction reasonable

It was reasonable to direct an employee to attend an independent medical examination due to suspicions her unsatisfactory performance was caused by an ongoing medical condition, a commission has ruled.

In January 2022, Queensland Health directed the clinical nurse to attend the IME on the basis of its workplace health and safety concerns, but she appealed to the State Industrial Relations Commission.

The Commission heard that the 58-year-old employee has focal, left temporal epilepsy, which she has managed since she was 18, and that between 2016 and 2020 the employer took numerous actions in response to her experiencing seizures at work.

This included seeking (and receiving) reports from her neurologist and other doctors, as well as an independent medical examiner, and at different times placing her on administrative duties and suspending her on full pay pending further medical information...

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