Moonee Valley Racing Club in trouble over chef’s medical records

by Leon Gettler

Moonee Valley Racing Club has come out on the wrong side of the Fair Work Commission after its executive chef took legal action after they sacked him when he refused to give them medical information.

Andrew Hinchen, who was in charge of 90 staff and who co-ordinated catering at the Cox Plate, was eventually dismissed for not providing enough detail on why he was taking so much leave.

The reality was that Hinchen had been diagnosed with cancer in March 2014.

But he did not want to disclose this in case it led to his dismissal,

He had taken some time off because of his condition, combined with the stress over his work.

After he was given his first and final warning in March about his performance, he got a doctor's certificate for three weeks of sick leave.

After three weeks, he was instructed to take another three weeks of long service leave.

Then, the trouble started on his first day back when he was asked for his medical records.

The Club demanded he tell them how long he had been in hospital for, where he had stayed, what he was being treated for and who was providing his treatment. He refused to tell them. That was private information.

He got another doctor's certificate so that he could take some more personal leave from June 23.

When he came back, he refused to buckle after the Club asked if they could speak to his doctor about when he would be back in the kitchen, saying this would help them plan for in the lead up to the spring racing carnival.

Ultimately, he was given an ultimatum: provide information or risk termination. He did not respond and was dismissed on July 13 for his poor performance at work and his refusal to provide more medical information

Hinchen took the Club to the Fair Work Commission, claiming its request was "invasive, unlawful and unreasonable". The commission ruled in his favour last week.

It found the Club did not show any respect for his privacy and that its request to speak his doctor was unreasonable. As a result, it ruled that it was unreasonable to dismiss him based on this refusal.

Hinchen’s lawyer Francessca Lee told The Age that Hinchen was seeking to be reinstated in his executive chef role.

He was pushing to be remunerated for the nine months of lost pay.

April 12^th 2016