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discrimination

Worker lies about medical history, can they be sacked?

Further to R’s recent comment, here is a little more information about pre-existing injuries/illnesses and job interviews. Unfortunately, many injured workers know how hard it can be to find a new job after having suffered a workplace injury/illness. It actually feels like we are labelled with a sticker on our foreheads stating “contagious” or something like that! Really! A prospective employer can seek information during an interview provided the questions are relevant to the ability of the job applicant to perform the inherent requirements of the job.

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Can injured workers be sacked for failing to provide medical info?

Injured and recovering workers who fail to supply medical information requested by their employers about their ability to perform their job can be sacked. Two separate and fairly recent legal cases highlight that injured workers have to allow their employer(s) to obtain medical information from their treating doctor(s), if they request so.

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Employer right to direct injured worker to undergo medical assessment

The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!

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RTW-plan-must-be-in-consultation-with-injured-worker-and-doctor workplace-bullying-fwc

Sacking of a bullied worker invalidates a FWC anti-bullying application

As of 1 Jan 2014, the Fair Work Commission can deal with applications for an order to stop workplace bullying but only if a worker is bullied while they are (still) at work. This is obviously very problematic if a bullied worker has been sacked after lodging their bullying claim, as shown in the following recent legal case.

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Injured workers in NSW can be reinstated within 2 years of termination

Did you know that in NSW an injured worker who has been terminated because of his injury can seek reinstatement when the (injured) worker becomes fit for employment (even with some restrictions) within 2 years of the termination.

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rehab-vocational-injured-workers

Alternative jobs for injured workers unrealistic – weekly pay restored

Further to some recent comments about the widespread practice of “dodgy” rehabbers proposing bizarre “suitable/alternative work” to injured workers, courts have found that some (many!) proposed alternative occupations for injured workers are simply unrealistic.

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