ARTICLE · 03 MAY 2011

Procedural fairness and communication issues when terminating injured workers

Moray & Agnew

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A recent decision by Fair Work Australia (FWA) highlighted the need for employers to clearly communicate with injured workers and ensure that they are afforded procedural fairness when dealing with issues of reinstatement.

AustraliaEmployment and HR

Stephen Marriott

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A recent decision by Fair Work Australia (FWA) highlighted the need for employers to clearly communicate with injured workers and ensure that they are afforded procedural fairness when dealing with issues of reinstatement.

Background

Mr Bormann worked for Visy Board for 21 years. Over this time he had approximately 10 workers compensation injuries and subsequent claims.

In October 2008, Mr Bormann was injured in a non-work related paint-balling incident. In July 2009, he returned to work on restricted duties. Soon after, Mr Bormann advised Visy Board of continuing pain and, in December 2009, Bormann was stood down due to safety concerns regarding the company's duty of care.

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