IN BRIEF
Employers seeking to terminate an employee on Workers'
Compensation within the probationary period should take note of a
recent decision of Fair Work Australia which clarifies how an
employee's period of continuous service is calculated, and
highlights the legal obstacles involved in terminating their
employment.
How frustrating is it when an employee starts with you and
within the space of a month is on workers compensation? It can be
very difficult not to let that tarnish your view of the employee.
What can be even more frustrating is if the employee remains on
workers compensation for much of the minimum employment period
(i.e. probation period) and you do not get the opportunity to
properly access their performance. To complicate things even
further if someone is on workers compensation there are a range of
legal obstacles to terminating their employment.
