Your responsibilities to ill or injured
Monday, 15th September 2014, by Loran McDougall
In today's Workplace Bulletin:
If an employee cannot perform their job properly due to an illness or injury, you may decide to take adverse action against that employee. For example, you may:
1. Whether or not the employee was able to meet the inherent requirements of their role. An employee’s incapacity is only an issue if they cannot do this.Inherent requirements are the essential activities of a job which, if removed, would make the position a different role. Inherent requirements do not involve peripheral or non-essential tasks.
2. Whether or not there was a reasonable adjustment, e.g. flexible working hours, you could have made to help the employee overcome their incapacity and perform the inherent requirements of their role. Whether or not an adjustment is reasonable depends on whether implementing that measure would cause you unjustifiable hardship.This means that your actions may be unlawful if you take adverse action against an employee:
Until next time,
Determining whether you need to make
adjustments to accommodate an employee
by Charles PowerIdentifying the inherent requirements of a role
Editor-in-Chief, Employment Law Practical Handbook
When looking at what the inherent requirements of a role are, you need to consider:
Inherent requirements do include the ability to perform the role without endangering the safety of anyone in the workplace.
Generally, if you take the view that an employee cannot perform the inherent requirements of their role, you will need medical opinions to support this view.
Adjustments you may need to make
If an employee genuinely cannot meet the inherent requirements of their role, you may need to make adjustments to the workplace, or to the employee’s duties or work hours.
If you adjust an employee’s duties, you may do so temporarily – but make sure that the employee knows that any alternative duties they are undertaking while they are recovering are not permanent.
Workplace adjustments you might make include:
How to determine whether an adjustment is reasonable
When determining whether an adjustment is reasonable, consider the following things:
Employment Law Practical Handbook
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понедельник, 15 сентября 2014 г.
Австралия. Что делать, если работник не исполняет правила охраны труда?