ARTICLE · 29 MARCH 2016

High expectations set for return to work of injured worker

National Retail Association

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Employers must exercise caution when sending employees for a medical assessment and dismissing them on these grounds.

AustraliaEmployment and HR

Employers must exercise caution when sending their employees for a medical assessment, as a recent case has brought to light the consequences of dismissing an employee on these grounds.

In the case of Norman v Lion Dairy and Drinks Limited[2016] FWC 840, an employee who suffered from a serious skydiving accident was asked to seek medical clearance on their return to work.

According to the evidence, the Maintenance Technician fractured both femurs and suffered multiple facial fractures in February 2014. After taking just over a year off work to recover, the employee sought to return to his job, but was dismissed a month later based on medical evidence that the employee was unable to safely perform his pre-injury duties.

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