Posted by: Jenny | 2010-01-21

Credit check and mental health

We' ve got new employee contracts, and on this we must give consent that our employers do a credit check. Are they allowed to do that?

Secondly they gave a list of diseases, and you must state whether you have any of them or have had any of them. When you were diagnosed, what medication you are using and if cured, when. Some of them are physical diseases, and other are mental eg bipolar, depression etc. Do I have to disclose that?

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Our expert says:
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Employers are allowed to ask for consent, you can withold it.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: Trev | 2010-01-25

I would refuse to answer the questions[and I would not budge here,as its an invasion of my privacy],and would not sign and/or agree to anything.The emplyer cannot unilaterally change conditions of the emplyment contract.Although not a popular veiwpoint amongst office employees,I would join a good/strong union.Its your labour right.[and let them tackle the problem]

Reply to Trev
Posted by: Whena | 2010-01-21

They cannot force you to sign the new contract-it is called unilateral changing of conditions of employment and the CCMA does not like it.

You must decide what you are going to do about this either accept it as is or change what you do not like or refuse to sign

Reply to Whena
Posted by: Jenny | 2010-01-21

They changed some things in the contract, like giving us less money when going on maternity leave etc

Reply to Jenny
Posted by: Whena | 2010-01-21

They cannot now fire you if you are on a blacklist or have deveoped any mental or physical disease.

If however you lied on your job application you might have a problem.

The company might just want to make sure that no employees are in positions where there can be a risk of injury to themselves or others

More concerning is why are you getting new employment contracts?

Reply to Whena

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