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ARTICLE · 04 APRIL 2024

Non-work related injuries - what can the employer do?

Pointon Partners
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Employers need to comply with the Fair Work Act when dealing with an employee suffering from non-work related injuries.

AustraliaEmployment and HR
Michael Bishop
Michael Bishop
Amelita Hensman
Amelita Hensman
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Managing a situation involving an employee suffering non-work related injuries can be challenging, and often difficult to navigate. It is widely misunderstood by employers that non-work related injuries automatically provide legal grounds to terminate an employee, however this is legally not the case. Employers have strict obligations they must adhere to before they can lawfully terminate an employee, and if these precautions are not taken it can lead to an unfair dismissal or general protections claim. We set out below what an employer should be cognisant of when dealing with this issue.

Adhering to Fair Work Act & Regulations

When dealing with an employee who is suffering from non-work related injuries employers are required to comply with the Fair Work Act 2009 (FWA). In accordance with section 352 of the FWA an employer must not dismiss an employee who is temporarily absent due to illness or injury of a kind prescribed by the Regulations. A prescribed injury

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