In the following 2015 NSW legal case, a workcover insurer (and its client, the employer) tried very hard ( but failed) to appeal a decision which required to compensate an injured worker who resigned from his job. The NSW Court of Appeal found that the injured worker’s duties as prescribed by the worker’s injury management plan were not suitable.
We were recently contacted again by several injured workers who asked us whether they could or should resign from their jobs. One is a nice woman who broke her heel at work. It lead to a surgery and she is in the middle of physio therapy. Her job requires her to stand all day so she could not yet return to work. But she also stated she never wanted to return because she was worried about having to stand even when the doctor cleared her to do so and also because her boss is a pain in the b*tt. So he asked us, “Can I quit my job right now?”
Further to injured worker “Will”‘s story (on the Vent page), alleging that his employer and his workcover insurer falsely claimed he had resigned from his employment, we undertook a little more research into resigning, and learned that resigning “in the heat of the moment” is not (always) deemed a “resignation”. Industrial tribunals have found that “words said in the heat of the moment” may be unreasonable for the employer to actually assume a resignation and to accept it straight away.
Further to “Jax” question asking whether work (or workcover) is liable to pay his weekly payments, now that he has resigned from his job, we trolled our books and the web to find an answer, with an explanation. Well, ahum, the “bad’ news is that resigning from your job with your pre-injury employer “for reasons unrelated to your work related injury” is considered a “breach of mutuality”. This basically means that you are not making yourself “ready, willing and able” to perform any suitable duties offered by your employer. As a consequence, you may not be entitled to receive any further weekly payments!