Fit for duty assessment advice

[Mark213]

Back in October I went on stress leave due to work matters I have already addressed. I returned in November on a return to work plan - not workers comp related I wanted to deal with this internally. I was on medication to assist with my low mood and feeling anxious. I had a mmreactioni ld reaction, reported it immediately and got off the medication with confirmation from my Doctor. My work sent me to a corperate medical doctor who stated that I to be supervised with staff and I cannot drive machinery, however he stated I am fit to work and need bipolar excluded by a Pyschiatrist. So, I went to a fitness for duty assessment with a Pyschiatrist and was determined that I have no mental illness, I'm fit to return to full duties and I was suffering from low mood which resolved on its own, no further treatment required. My doctor agreed I can return to work. I have sent my paperwork to my HR and the last meeting I had is they are still investigating for an outcome due to the conflicting reports with the Pyschiatrist and medical consultant.

Has anyone been through something similar? Remember, this is not a workers comp claim. I'm starting to feel depressed because I feel like they want to terminate me.

[Mark213]

Mild reaction*

[Summer Rose]

Hi Mark213

I’m really sorry to hear that you’ve been unwell but so pleased to hear about your recovery.

I am an employer and have experience with these types of issues from the other side of the fence.

I can’t see the hold up. Generally speaking the specialist report will carry more weight than the advice from the medical consultant and the support from your GP is gold.

The delay doesn’t necessarily mean, however, that they want to fire you. They really have no reason to behave that way, as you’ve recovered.

My guess would be that behind the scenes they might want time to get a legal opinion in the file to ensure they have no liability relating to the different reports, particularly as you drive heavy machinery. This would be about covering themselves and not about you.

I would start putting things in writing with your employer. An email to HR that puts in writing what they’ve told you and asks for a timeframe for a decision.

Make sure to include that you’re ready now to return to your role in full accordance with the views of the psychiatrist and your GP and are struggling to understand the reasons for delay. Let’s see how they respond.

If they invite you to another meeting ask if you can bring a support person.

You can also call Fair Work for advice on your next steps.

Kind thoughts to you

[Mark213]

Thank you for your insight. My partner has been helping me with this and after every meeting or conversation she would send back in an email for HR to confirm. In the last email it was said if the meeting is the final outcome and their response was:
"Our intent is that we will have an outcome of the review we have conducted and be able to advise on next steps required.


We are yet to determine the exact action, hence the request to meet again in 1 weeks’ time." During the meeting I asked what are the probable outcomes and she mentioned 1 could be termination. Their response sounds that my meeting next week they might still not have an outcome.

Nothing violent happened and i have never been performance managed, bever got warnings and i was always told i was doing a good job. I just felt stressed and made a complaint of how I was being treated, I wish I could post the whole story it's too long...

In their doctor report, they raised questions that I was being aggressive without being provoked and mood swings. This is why they stood me down and put me on SLWOP. I was never spoken to about those things. I got angry at a casual who was on parole and threaten me. I got angry not aggressive and I was feeling unsupported by my Manager, hence I went on stress leave because my mental state at the time.

[Mark213]

Sorry I should have mentioned that i have a meeting next week and I asked in a email if this would be the final outcome and that's the response I received with their intent.

[Mark213]

Sorry for the million replies. I have a medical certificate from my GP from yesterday stating I have had a check up i am still doing well and have been cleared to work since the 5th Feb. Im going to email them this along with saying that I anticipate that their team will have an outcome in the next meeting. I have been receiving no income for 7 weeks which is starting to be a financial strain due to not being able to receive income from any other source. What do you think? Can I also mention my GP advised that their doctor report is incomplete because their Doctor never actually spoke to my Doctor. Their doctor kept calling mine but my Doctor said that for medicolegal reasons he needs to send his questions in writing. Their doctor never sent any questions then signed off the report stating he was unable to speak to my GP which could have serious implications on my employment.

All of this is starting to make me anxious and worried so excuse all the replies.

[Summer Rose]

Hi Mark

Don’t worry about the multiple replies. I understand your anxiety.

It sounds like quite a complicated situation. I’m not sure that I are really get what’s happening but happy to share some thoughts and ask some questions.

No pressure to answer here but could help my thinking.

Have you been suspended from work? If so, that should be with full pay.

Are you on sick leave? That should be paid or you could ask to use leave entitlements.

To me, if HR has advised that a possible outcome of the next meeting could be termination of employment then that usually indicates that you are already in a performance management process.

However, there should have been an investigation when you were threatened by the casual. Has that occurred or is that what’s happening now? Did you report the threat to the police?

Kind thoughts to you

[Mark213]

I haven't been suspended I was placed on sick leave until I get a diagnosis from a Pyschiatrist and then my fitness for duty will be assessed. Basically In october at the start of all this I put in a complaint about the ongoing rotation of casuals working with me, I had 13 since January last year and said it's a safety issue. This casual kept showing me photos of holding a gun and said if I was in prison with him he would make me his b***h. I confronted him angrily and he quit (No violence just verbal). The manager called the casual and asked if he wanted to make a statement against me and the casual said no (obviously because he was at fault and the casual texted this to me) the manager did not know I knew this and he came up to me and said he would give me the benefit of the doubt. I got upset and when we got a new casual in the workload was turned up which was unsafe. I felt the manager did this to bully me and when I asked he said he wanted to see how far he could push me. This is what lead me to go on stress leave for a week.

[Mark213]

I was asked if I wanted work cover, I said no I just want to deal with it internally. We had a meeting came to the conclusion that I will work on better communication and they will better screen the casuals.I had a return to work from my Doctor, I wanted to work less hours because I work 105 hours in a fortnight. I asked to stop working Saturday and they said it's a requirement of my role. They then realised they gave me the wrong contract and HR implied indirectly if I didn't sign I won't meet the requirements. Regardless I signed because I wanted to move forward. I came back to work and the manager and I had a disagreement, however we settled it and we now get along very well. He said I was doing well and complied.

[Mark213]

I had a very mild dose from my medication, reported it, cleared I was not on it anymore, they then said I can return the normal duties the next day. 3 days after that my regional said they were sending me to a employment check up. I asked my manager what this was and he said like a drug test. I went and it turned out to be like a fitness for duty assessment which I didn't know until after. I was answering all over the place because I was confused. 2 weeks after my work health and safety said their doctor couldn't get in contact with mine. But the next day I went on annual leave for a week and I wasn't in Sydney. When I came back I was called in to work and said they are putting me on annual leave, sick leave then leave with out pay. I have now exhausted all these. So in their doctor report it says that due to mood swings I shouldn't drive machinery, be supervised with staff and customers but I am fit to work.