Followed by a PI whilst in sick leave

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TaylaB

Member
16 September 2018
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I submitted a medical certificate for one week off due to stress in the workplace. As I only had 1 day sick leave left, it was commuted to annual leave. An email was inadvertently sent to me by mistake by my HR manager. It detailed that my movements were being monitored by a PI whilst I was off. I immediately submitted a workcover claim. Were their actions legal?
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Were their actions legal?

Probably.

There is nothing unusual or illegal about using PIs in these circumstances. The PI however must obey all laws while doing so. i.e. no trespassing,no bugging your home, no harassing etc.

Bottom line here is that you need to be careful, and make sure you follow your doctor's advice. Do not do anything that the doctor says you need to avoid. Expect your neighbours to be questioned about you, and your public internet activities (ie Facebook, twitter etc) to be monitored.

I can see how knowing you are being watched can add to your stress and exacerbate your condition. This may be something you talk to your doctor about, if only to get the fact on your medical record.