Managing ill and injured workers requires an understanding of various obligations. These arise from State and Federal legislation and (possibly) industrial instruments and employment contracts.

Employers need to be confident that steps taken are consistent with applicable Workers’ Compensation legislation and appropriately manage risks under the Fair Work Act and State WH&S legislation, as well as the risk of claims of disability discrimination under the Disability Discrimination Act 1992 (Cth).

This includes an assessment of preliminary considerations such as whether the injury or illness is work-related, the impact of the injury on the worker’s capacity to perform the work, the extent of the incapacity, supporting medical evidence and whether the incapacity is likely to continue for the foreseeable future. As well, if the injury or illness may be work-related, whether a workers’ compensation claim has been made and if so whether it has been accepted.

If termination of employment is being considered, key factors include statutory limitations on dismissing employees, identification of the inherent requirements of the job, relevant medical evidence regarding capacity and prognosis, and possible reasonable adjustments.

This webinar provided key recommendations and practical guidance on the relevant legislative framework, the steps that should and should not be taken, as well as case studies highlighting where employers have got it right and not-so-right – and what the implications can be.

Presenters:

Katie Hossain, Lawyer, Ai Group Workplace Lawyers and

Workplace Relations Adviser, Ai Group

Daniel Murray, Legal Practitioner Director, Ai Group Workplace Lawyers and Principal Adviser, Workplace Relations, Ai Group

Moderator:

Terry Crotty, Regional Manager NSW, Ai Group