Q: If an employee has a WorkCover claim pending for harassment and stress, can our company continue to investigate while that claim is pending and the employee is off work? Can we ask or request the employee to attend a meeting to find out more details surrounding that claim?

A: You can ask the employee to attend a meeting to discuss the claim; however, the employee is entitled to refuse if it would not be reasonable for them to attend because they are too unwell to be interviewed.

You may alternatively offer to interview the employee via correspondence; although this is likely to be less satisfactory.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Workers' compensation for current advice.