The ASU has been informed that TNT is now providing letters to employees concerning return to work interviews. These interviews are proposed to take place when the employee returns to work from personal leave and where the employee has used more than 10 days personal leave in the calendar year. TNT has suggested that these interviews will take place even if the employee is still within their accrued paid personal leave entitlement.
What can TNT ask at interview?
Where an employee is still on paid personal leave, it is the ASU’s view that TNT are not entitled to ask any questions about the employees circumstances, including about any medical condition or domestic situation. Where an employee is still on paid personal leave, TNT are not entitled to inquire into the employees physical or emotional well- being beyond anything already stated on the applicable medical certificate.
Realistically, any questions TNT asks should be very limited. No employee who is using their accrued entitlement should feel compelled to provide TNT any insight into their situation beyond what is already on their medical certificate. The ASU has requested from TNT that HR provide copy of proposed interview questionnaires for comment.
If the ASU is not comfortable with the conduct and content of interviews we will lodge a formal dispute.
Unpaid personal leave?
If you have had to take unpaid personal leave, TNT may ask you for further information to give guidance on your future use of leave. They may ask that you sign a waiver, so that your medical practitioner might communicate information specifically related to issues arising in the use of unpaid personal leave. TNT may also ask that you obtain a certificate of capacity.
You are entitled to refuse these kinds of request. However, if after refusing you then continue to take unpaid personal leave, TNT may seek to begin performance management.
A support person
Employees are entitled to have a support person attend any “return to work interview”. The ASU is happy to provide support when or if required. If you have been scheduled to attend a return to work interview please contact ASU Organiser for TNT, Andy Lewis on 0409 778 890.