1 Feb 2003, 09:00

A man had had epilepsy since childhood but, by taking medication, had not had a seizure for many years. His medication was changed and he subsequently had a seizure. His job required some driving and so he felt he must tell his employer about the recent seizure. He was certain that he told no-one else. As a result, his manager assigned a number of drivers to assist him, and each was told about the man's epilepsy. The manager also gave this information to other managers in the company.

The man said knowledge of his condition became widespread in the company. Customers began to raise concerns about his ability to do his job. The man was embarrassed and felt compelled to resign. He was also involved in motor racing and was asked about his epilepsy in front of his major sponsor at a motor racing show. This incident caused problems with his sponsor, which ultimately withdrew support.

It seemed to me that the man's complaint was capable of being settled without my needing to complete an investigation, even though some matters of details remained in dispute and had not been fully investigated.

I put this to the parties and both agreed to try and settle the matter. With assistance from my office, a settlement was reached. The man agreed to accept a letter of apology, a certificate of service and financial compensation in full and final settlement. He confirmed that he did not wish to pursue the matter further and I closed my file.

June 2003

Indexing terms: Disclosure of personal information - Employer - Extensive disclosure of employee's medical condition - Settlement - Financial offer and apology accepted - Privacy Act 1993, s 74, Information privacy principle 11