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ARTICLE · 01 AUGUST 2016

Ill and injured employee update

Cooper Grace Ward
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These recent cases concerning the management of ill and injured employees could provide useful guidance for employers.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
Annie Smeaton
Annie Smeaton
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There has been a flurry of recent cases concerning the management of ill and injured employees that provide useful guidance for employers.

Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 – direction to attend an IME

The Federal Court has confirmed that an employer can rely on its statutory work health and safety obligations to direct an employee, on reasonable grounds, to undertake an independent medical examination (IME) and also that an employer may commence disciplinary action if the employee refuses this direction.

Facts

Mr Grant was employed as a boilermaker with BHP for about 10 years. He had taken lengthy periods of leave from work due to a shoulder injury and attempted to return to work following rehabilitation. Mr Grant provided BHP with a medical certificate that provided no information about his injury other than stating he was fit to return to normal duties.

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