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ARTICLE · 03 JULY 2014

Australian Labour & Employment - June 2014

Jones Day
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The Fair Work Commission has held that BHP was within its rights to dismiss a boilermaker who refused to attend an appointment with a company-nominated doctor.

AustraliaEmployment and HR
Adam Salter
Adam Salter
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HOT OFF THE BENCH—DECISIONS OF INTEREST FROM THE AUSTRALIAN COURTS

Safety on site: just what the doctor ordered

Grant v BHP Coal [2014] FWCFB 3027 

The Fair Work Commission has held that BHP was within its rights to dismiss a boilermaker who refused to attend an appointment with a company-nominated doctor to determine his fitness for work.  

The boilermaker had suffered a shoulder injury and consequently had been off work recovering for eight months. Before his injury, the boilermaker had been engaged in heavy manual labour on a mining site at Peak Downs. He had provided medical certificates from treating doctors proving the extent of the injury. However, BHP required him to see its own physician so that it could assess the duties for which he was fit, in accordance with its obligations under s 39(1) of the Queensland Coal Mining and Health Act.   

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