We recently hired an employee who, on the pre-employment medical condition questionnaire, indicated they had no relevant pre-existing medical conditions. Subsequent events indicate that there are, in relation to the capacity of the person to perform the inherent requirements of the role. What can we do in this situation?
If the worker is unable to fulfil the inherent requirements of the role, this gives rise to a right to terminate the agreement. It may be preferable for you to focus on this rather than making allegations of misrepresentations in the pre-employment medical condition questionnaire. If you do make allegations of dishonesty, you should ensure that you have good evidence for doing so. You may consider seeking medical evidence about their capacity to support you.