We have recently had a case of sexual harassment addressed and we feel the complainant would benefit from some counselling to overcome the incident. We feel that the complainant has an underlying issue that theevent may have exacerbated. Can we make or encourage the employee to attend counselling?
It is generally not possible to direct an employee to attend counselling, however, in some cases, an employer can direct an employee to attend a medical assessment. Another option is to encourage an employee to attend counselling.
An employer has an obligation to ensure that their employees are fit and well to perform the inherent requirements of their role. If the employer feels that an employee’s work is affected by an injury or illness, they may issue a lawful and reasonable direction to an employee to attend a doctor for an assessment.
The direction to attend a medical assessment must relate to an employee’s fitness for work. If the employee appears to be fit for work but the employer has concerns about the employee’s general well-being, the employer could express these concerns to the employee and suggest a visit to the employee’s general practitioner.
An employee may also be offered access to an Employee Assistance Program (EAP). An EAP is an employee program intended to help employees deal with personal or work-related problems that might adversely impact their work performance, health and wellbeing.
The decision to participate in an EAP rests with the employee concerned. However, it may be appropriate in some cases for referrals to be suggested or recommended by the employer. Many employers choose to set up their own EAP, however, there are also many external providers offering EAP programs in the workplace. If the employer does not have an EAP, it is still possible to offer to pay for counselling for an employee to help them with personal or work-related issues.
As discussions relating to counselling and fitness for work are sensitive issues, we recommend that organisations contact Ai Group or call the Ai Group Workplace Advice Line on 1300 55 66 77 for advice in specific cases.
Clinton is the Publications Manager at Ai Group. He is responsible for a number of key services including Annotated Modern Awards, Workplace Relations Handbooks and the management of Ai Group’s HR and Health & Safety Resource Centres. Clinton has a Masters in Employment Relations and previously held advisory roles with the Workplace Authority and Fair Work Ombudsman.
