Cathay Pacific is seeking a judicial review of a Privacy Commissioner finding that its policy of requiring some staff who take sick leave to provide medical records to prove they are fit enough to keep their positions is unfair and therefore illegal.
The airline lodged an application for the review on Tuesday.
At issue is a policy whereby the airline may ask for additional information or require crew members to undergo an examination by a company-appointed doctor if concerns about their health persist after they have taken sick leave. Employees who refuse to authorise the release of medical information may face disciplinary action.
The review application takes issue with an enforcement notice issued by the commissioner in January last year that requires Cathay to cease the practice.
Cathay says the collection of medical information regarding its crews is a safety issue and is mandated by its air operator's certificate, one of the conditions of which is that Cathay ensure its crews are medically fit to carry out their duties.