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My employer wants me to disclose the nature of illness

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Comments

  • Registered Users Posts: 11,812 ✭✭✭✭ sbsquarepants


    I can guarantee that if I ring up work and say I won't be in for 6 months because I'm sick - the very first question will be "what is wrong with you"?

    It doesn't seem all that unreasonable a question to me, even if they weren't paying you but certainly not when they are! Why the need for all this secrecy?

    Quite frankly - if I was the one getting the "I'm not obliged to disclose" routine off the OP - I'd be extremely suspicious of their bona fides.


  • Closed Accounts Posts: 1,841 Squatter


    bada_bing wrote: »

    Try to imagine managing on €188 a week when you've got medical expenses to pay for.

    I wonder if you'd change your tune if you found yourself unable to work for a few months due to being in a car accident or undergoing treatment for disease such as cancer.

    If your household income is only €188 a week then you're eligible for a Medical Card.


  • Registered Users Posts: 9,477 ✭✭✭ runawaybishop


    bada_bing wrote: »
    No i don't expect to be paid indefinitely and i would've been happy with half pay after 2 months. Try to imagine managing on €188 a week when you've got medical expenses to pay for. I wonder if you'd change your tune if you found yourself unable to work for a few months due to being in a car accident or undergoing treatment for disease such as cancer. We don't need to look to the US model and i'm grateful for that otherwise we'd have the same problems as them.

    That's what insurance is for. If you are unable to work your employer is under no obligation to keep supporting you and can let you go.


  • Registered Users Posts: 639 ✭✭✭ Jay Dee


    A Question :

    Did you have this medical condition, when you took the job ?
    Did you disclose it at the interview ?

    Or

    Did you suffer a workplace accident/injury ?
    Did you report it to the relevant area/ person. ?

    Thee seems to be no mention of this anywhere, and obviously the answer makes a difference..

    Jay


  • Registered Users Posts: 77 ✭✭ Shinsen


    Dear all,

    Almost three years have gone since my first message.
    I sent my claim to Data Protection Commission. This took quite a while.
    Eventually they came back to me with a Decision letter. In their long explanation, they came to a conclusion that highlights that a breach has taken place on three points.
    The other part has been informed as well on the same.
    Apparently, I could seek legal advice and possibly get some recompensation. However, I have decided not to go down that road.
    I thought it was worth it to post the outcome in here, in case other people might experience a similar situation.
    And I want to thank you all the users who have advised me on this matter.


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  • Registered Users Posts: 20,437 ✭✭✭✭ AndrewJRenko


    Shinsen wrote: »
    Dear all,

    Almost three years have gone since my first message.
    I sent my claim to Data Protection Commission. This took quite a while.
    Eventually they came back to me with a Decision letter. In their long explanation, they came to a conclusion that highlights that a breach has taken place on three points.
    The other part has been informed as well on the same.
    Apparently, I could seek legal advice and possibly get some recompensation. However, I have not decided to go down that road.
    I thought it was worth it to post the outcome in here, in case other people might experience a similar situation.
    And I want to thank you all the users who have advised me on this matter.

    Thanks for the update, it's very helpful to see the outcome.

    Was the breach specifically in relation to the employer passing information to the insurance company, or was there other breaches involved?

    If you're up to it, it might be helpful to know how the sick leave situation worked out - did you ever get back to work with the employer?


  • Registered Users Posts: 77 ✭✭ Shinsen


    Thanks for the update, it's very helpful to see the outcome.

    Was the breach specifically in relation to the employer passing information to the insurance company, or was there other breaches involved?

    If you're up to it, it might be helpful to know how the sick leave situation worked out - did you ever get back to work with the employer?

    Hi Andrew,

    The breach has taken places based on three sections:
    Section 2(1)(a) "the data or, as the case may be, the information constituting the data shall have been obtained, and the data shall be processed, fairly"
    Section 2(1)(c)(ii) "shall not be used or disclosed in any manner incompatible with that purpose or those purposes"
    Section 2B(1)(b) "requires that a data controller shall not process sensitive data unless sections 2 and 2A of the Acts are complied with and, in addition, one of the conditions listed in section 2B(1)(b)(i) to (xiii) is met.
    I haven't gone back to my employer, I am on Invalidity now.


  • Registered Users Posts: 1,156 ✭✭✭ beachhead


    Shinsen wrote: »
    Yes they are, in the contract it says that employees are entitled to up to six months paid sick leave.
    I cannot comment on disclosing the nature of illness, that's the reason why I've opened the forum for an advice. However, it's a serious and delicate condition and not even doctors know exactly what it is, for this reason I need time for medical tests and examinations.

    You are not obliged to disclose your illness.The employer should be satisfied with the opinion of 2 GPs especially when one is the company doctor.The individual asking you about your illness may be attempting to decide your future with the company.If,your illness is going to be long term they could presumably start dismissal proceedings after a year has elasped.Any thing they decide will be governed by the terms of your contract.


  • Registered Users Posts: 20,437 ✭✭✭✭ AndrewJRenko


    Shinsen wrote: »
    Hi Andrew,

    The breach has taken places based on three sections:
    Section 2(1)(a) "the data or, as the case may be, the information constituting the data shall have been obtained, and the data shall be processed, fairly"
    Section 2(1)(c)(ii) "shall not be used or disclosed in any manner incompatible with that purpose or those purposes"
    Section 2B(1)(b) "requires that a data controller shall not process sensitive data unless sections 2 and 2A of the Acts are complied with and, in addition, one of the conditions listed in section 2B(1)(b)(i) to (xiii) is met.
    I haven't gone back to my employer, I am on Invalidity now.
    Thanks - and did the breaches related specifically to the information given by the employer to the insurance company?

    I presume the move to invalidity benefit was the company's decision?


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