How to accommodate employees with a
Monday, 20th October 2014, by Loran McDougall
In today's Workplace Bulletin:
Under anti-discrimination law, you cannot treat an employee with a disability less favourably than you would treat another employee without the disability who is in the same or similar circumstances.
This does not mean you have to put up with an employee not being able to fulfil their duties because of a disability.
However, it does trigger a positive duty to explore whether it is reasonable to implement adjustments for the employee.
Reasonable adjustments are adjustments that do not impose an unjustifiable hardship on your business. In other words, you must make adjustments to accommodate an employee with a disabilityunless this would cause your business unjustifiable hardship.
Examples of reasonable adjustments include:
Until next time,
Key steps towards minimising legal risk
when considering reasonable adjustments
by Charles Power
Editor-in-Chief, Employment Law Practical Handbook
When it comes to making adjustments to accommodate an employee with a disability, you should:
An employee whose disability sometimes requires her to work from home could be accommodated by periodically reassigning her tasks to a co-worker, which would create added burdens for the co-worker. Or, alternatively, her accommodation request could lead her employer to create a broad-based telecommuting initiative that benefits multiple employees who wish to work from home.
Likewise, an employee whose psychiatric impairment leads him to request more concrete work assignments and more measured and constructive feedback could consume more of a manager’s time, to the detriment of other employees. Or, the process of designing this employee’s accommodation could lead an employer to rethink and improve its supervisory practices more generally.
If appropriate, arrange for a suitably skilled person, such as an occupational therapist, physiotherapist, rehabilitation consultant or other qualified health professional to undertake a reasonable adjustment assessment.
Remember that you do not have to make adjustments if you can show that it would cause your business unjustifiable hardship.
How do you determine unjustifiable hardship?
Unjustifiable hardship depends on:
To minimise your legal exposure when dealing with work incapacity flowing from employee impairment, follow these 5 key steps:
Employment Law Practical Handbook
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понедельник, 20 октября 2014 г.
Австралия (трудовые отношения). Особенность отношений с работниками, имеющими физические недостатки.