Unions Defend Workers' Privacy Rights Against Employers' Demands for Medical Reports
In a recent development, workers' unions have taken a stand against the Windhoek Country Club's policy requiring employees to disclose their illnesses when applying for sick leave. The unions argue that this policy infringes on workers' privacy and constitutes an abuse of authority.
The issue came to a head when a petition was delivered to the management on Thursday, expressing staff concerns over the disclosure of diagnoses. The petitioners claim that the practice is both unlawful and intrusive.
Mahongora Kavihuha, the secretary general of the Trade Union Congress of Namibia, strongly opposes the demand, stating, 'It is absurd for the Country Club to insist on employees revealing their illnesses. This policy must be immediately withdrawn.'
Kavihuha emphasizes that the right to privacy is a fundamental aspect of workers' rights and warns that the union will take a firm stance against the employer's policy. He adds, 'If they are incompetent and choose to dehumanize workers, we will make a bold decision in response. Any health information should be treated with respect and confidentiality.'
Richard Kaimbi, the legal coordinator of the Namibia Public Workers Union, supports this view, stating that companies are only entitled to a medical certificate confirming a doctor's visit, not the diagnosis. He asserts, 'If the employer doubts the medical certificate, they can verify it with the doctor, but they should not have access to the sickness. My health condition is a private matter between me and my doctor.'
However, Ombudsman Basilius Dyakugha provides a different perspective, acknowledging that employers may request full medical reports in certain situations, such as repeated sick leave. He clarifies that while the Labour Act does not explicitly allow or prohibit this practice, general labor law principles guide it. Case studies have shown that employers can ask employees to disclose illnesses, but confidentiality must be maintained.
Dyakugha emphasizes the legal obligation of confidentiality, stating, 'The relationship between the employer and employee is personal.'
Retired lawyer and former ombudsman John Walters offers a nuanced view, saying he cannot confirm the legality of the practice but understands why some companies implement such rules to prevent the abuse of sick leave. He explains, 'I would also require a full report if I owned a company, as I have witnessed people presenting doctor's notes without being genuinely sick during my government service.'
Workers at the Country Club argue that any policy forcing them to reveal their illnesses violates their rights and erodes trust. The company's general manager, Rudie Putter, justifies the policy by citing potential health risks, especially in roles involving guest interactions and exposure to oil, gas, and scaffolds. He states, 'We need the physician to describe the illness, as failing to do so could result in liability if someone's condition poses a risk while working on a scaffold.'
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