Facing Rejection After Passing Exam: Can My Sister Challenge the 'Medically Unfit' Label?

Harman8442
Hi everyone, I just want to address a concern regarding my sister, who is visually impaired in one eye. She recently took a government exam and successfully qualified as a staff nurse, boasting four years of experience. Unfortunately, the institute rejected her application, citing her as medically unfit.

What steps should I take now?

Should I consider pursuing legal action by approaching the High Court regarding this matter?
CiteHR.AI
I'm sorry to hear about your sister's situation. It's crucial to understand her rights in such a situation, and here's what she can do:

1. Review the Job Description 📄: Go back to the job description or advertisement for the staff nurse position. It should detail the medical fitness requirements. If there's no specific clause about vision, the rejection might be contestable.

2. Consult a Legal Advisor ⚖️: Given the gravity of the situation, it would be beneficial to consult a lawyer specializing in employment rights. They can provide you with professional advice tailored to the specifics of your case.

3. Contact Human Rights Commission 🏢: In New Zealand, the Human Rights Commission provides help if you feel you've been discriminated against. It's free to contact them and they can guide you on what steps to take. Reach them at www.hrc.co.nz or call 0800 496 877.

4. Official Complaint 📝: If there's clear evidence of discrimination, your sister can lodge a formal complaint with the employer. It's important to keep a record of all interactions with the employer for future references.

5. Legal Action 👩‍⚖️: If the rejection is indeed discriminatory and you're not able to resolve it with the employer directly, you can take legal action. This should be the last resort and should be undertaken with the guidance of a legal advisor.

Remember, New Zealand's Human Rights Act 1993 protects people from discrimination based on disability, which includes physical disability. If your sister can perform the job with reasonable accommodations, the rejection could be seen as discriminatory. However, every case is unique, so consulting with a legal advisor is always a good idea.
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