Unions reject employers demand for full medical reports

Workers’ unions say the Windhoek Country Club’s policy requiring employees to reveal their illnesses when submitting sick leave is a breach of privacy and an abuse of authority.

This follows a petition handed to management on Thursday in which staff object to disclosing their diagnoses, arguing that the practice is unlawful and intrusive.

Trade Union Congress of Namibia secretary general Mahongora Kavihuha says the demand amounts to “dehumanising workers” and should be withdrawn.

“It is purely nonsense for Country Club to require employees to disclose their illnesses. That policy must be withdrawn with immediate effect,” he says.

Kavihuha says the right to privacy is central to workers’ rights and warns that the union will confront the employer over the policy.

“If they are incompetent and want to dehumanise workers, then we are going to take a bold decision against them. Any information about someone’s health must be honoured and respected,” he adds.

Namibia Public Workers Union legal coordinator Richard Kaimbi says companies are only entitled to a medical certificate confirming that an employee visited a doctor, not the diagnosis.

“If the employer is doubting the medical certificate, they can verify with the doctor but not know the sickness. My sickness is between me and the doctor,” he says.

Ombudsman Basilius Dyakugha confirms that employers may request full medical reports in some circumstances, such as repeated sick leave, but emphasises that any information obtained must be handled confidentially.

“Although the Labour Act does not specifically allow or prohibit employers from requesting full illness diagnosis, general labour law principles guide the practice. Case studies have proven that employers can ask employees to disclose illnesses,” says Dyakugha.

He warns that confidentiality is a legal obligation.

“The relationship between the employer and employee is personal,” Dyakugha says.

Retired lawyer and former ombudsman John Walters says he could not confirm whether the practice is lawful, but says some companies adopt such rules to prevent abuse of sick leave.

“I would also require a full report if I had a company because I have seen it a lot while serving the government, people bring doctor’s sick leaves without being really sick,” he says.

Workers at the Country Club maintain that any policy compelling them to reveal their illnesses violates their rights and undermines trust.

Last week the company general manager, Rudie Putter, confirmed that the employees are required to disclose their medical conditions for management to be aware of potential health risks, as their duties involve guest interactions, as well as working with oil, gas and scaffolds.

“We want the physician to describe what the illness is because if I have to put somebody on a scaffold and they have epilepsy, they could kill themselves and we will be liable,” he said.

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