ARTICLE · 30 JUNE 2016

Return to work rules not overridden by the Fair Work Act

Clayton Utz

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Employers must show that the costs, inconvenience and disruption of return to work obligations are also unreasonable.

AustraliaEmployment and HR

Laura Forman

Jessica Tinsley (Formerly With Clayton Utz)

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Key Points:

An employer can't just show compliance with return to work obligations leads to cost, inconvenience and disruption - it must also be unreasonable.

In rejecting a constitutional challenge to South Australia's new Return to Work legislation a tribunal has upheld its statutory power to order employers to reinstate injured workers who have been improperly dismissed, reminding employers that return to work obligations may result in some cost and inconvenience.

The worker is injured at work

In Walmsley v Crown Equipment Pty Ltd a field service technician employed by Crown Equipment Pty Ltd was dismissed after several workplace injuries left him unable to perform the inherent requirements of his role.

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