ARTICLE · 05 MARCH 2007

Temporary Absence From Work Because Of Illness Or Injury May Not Be That Temporary

DLA Piper Australia

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A recent decision of the Federal Magistrates Court of Australia has identified that protection from dismissal available to ill or injured employees provided by the Workplace Relations Act 1996 extends to when employees are not on ordinary sick leave but on workers compensation payments.

AustraliaEmployment and HR

A recent decision of the Federal Magistrates Court of Australia has identified that protection from dismissal available to ill or injured employees provided by the Workplace Relations Act 1996 (Cth) (the Act) extends to when employees are not on ordinary sick leave but on workers compensation payments.

This law applies to all employees of a corporation (or other type of employer referred to in the Act) ie. whatever size of the entity or seniority of the employee.

Terminations of employment on specific grounds or for reasons that include any of the specified grounds including ‘temporary absence from work because of illness or injury within the meaning of the regulations’ are prohibited under section 659 of the Act. Effectively an employee is temporarily absent if they provide a medical certificate for an illness or injury:

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