Norman Waterhouse Laywers: Workers’ Compensation, employer forced to re-hire worker

The first determination of the South Australian Employment Tribunal (SAET) in respect of an application under Section 18 of the Return to Work Act 2014 (RTW Act) has been handed down.

In the case of Walmsley v Crown Equipment Pty Ltd [2016] SAET 4, the employer had provided the worker with a collation of duties taken from other positions while awaiting his recovery. This arrangement went on for some time. When the employer eventually formed the view that the worker could never return to his pre-injury role, the worker was dismissed.

The outcome of the case was that the SAET ordered the employer to provide the previously dismissed worker with work for which he is fit and which, so far as reasonably practicable, is the same as or equivalent to his pre-injury employment. At the time of writing, we understand that no appeal has been lodged.

Read the full article, including an outline on the take-home messages for employers from this case.

Visit the Norman Waterhouse Lawyers website for more information.

This entry was posted in Industry News, Member News on Thursday, May 12th, 2016

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