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We have become aware that AV managers are requiring members who have requested reasonable adjustments based on their disability to attend independent medical examinations (IME) instead of seeking information from these member’s treating practitioners in the first instance. This is not only delaying members receipt of adjustments but is also subjecting members to treatment makes them feel degraded and demoralised. This shows disrespect for our members and disregard for their treating practitioners’ opinions.

A recent decision from the Victorian Civil and Administrative Tribunal (VCAT) found that an employer engaged in disability discrimination when it required an employee to attend an IME even though their general practitioner certified them as fit to return to work on modified duties. This was discriminatory because the employer didn’t appear to take the general practitioner’s report into account or give it any weight nor did the employer state why the report was insufficient. See Studart-Teles v The Department of Education and Training (State of Victoria) (Human Rights) [2023] VCAT 1226 at [127].

We advised AV managers of the VCAT decision and urged them not to engage in discrimination. Notwithstanding this, the managers have continued to require members attend IMEs.

Today the VAU filed an application at VCAT on behalf of a member alleging that their manager engaged in discrimination in contravention of the Equal Opportunity Act 2010 (Vic). The member is seeking that the manager be liable for their conduct, including by paying compensation to the member.

We are assisting members to bring disputes directly against managers because managers need to be accountable for their discriminatory behaviour. It has been almost three years since the Victorian Equal Opportunity and Human Rights Commission completed its review of AV and there is no excuse for managers to discriminate against our members based on their disability. Ignorance of the law is not an excuse.

We will continue to advocate for your rights and stand up to managers who breach the law.