What is an IME & can my employer direct me to attend?
What is an IME?
An IME is commonly used to determine whether you can safely perform the inherent requirements of your role (with or without adjustments).
Lawful and reasonable direction
Employers can make lawful and reasonable directions. Courts have indicated that a referral to a medical assessment is generally reasonable where there is a genuine indication of need and reasonable terms (e.g., scope and questions). Employers may also reasonably request a report addressing diagnosis (in broad terms), capacity, and expected timeframe to return to ordinary duties.
When can a referral be made?
When there is a genuine need — for example, extended or repeated absences, safety concerns, or uncertainty about capacity. Some enterprise agreements include specific referral triggers (such as after all personal leave is used or after specified absence thresholds). Employment contracts may also contain medical referral clauses.