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ARTICLE · 16 FEBRUARY 2022

Do I have to provide suitable employment?

Piper Alderman
Piper Alderman
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S18 RTW Act - an employer must provide suitable employment to an injured worker where that worker is able to perform work.

AustraliaEmployment and HR
Emily Slaytor
Emily Slaytor
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An examination of two recent decisions of the South Australian Employment Tribunal regarding South Australia's extremely generous obligations to provide suitable employment under the Return to Work Act 2014.

Section 18 of the Return to Work Act 2014 (SA) (RTW Act) is somewhat unique when compared with workers compensation laws in other Australian jurisdictions. While other States' workers compensation laws contain obligations to provide suitable duties, or suitable employment, no other jurisdiction contains as extensive an obligation as is imposed on South Australian employers.

Section 18 of the RTW Act requires an employer must provide suitable employment to an injured worker (where the injury is compensable under the RTW Act), where that worker is able to perform work in any capacity.

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