Posts: ill or injured employees

If an employer is questioning the capacity of an ill or injured worker’s ability to fulfil the inherent requirements of their position, they may consider testing the legitimacy of an employee’s prognoses and medical advice. In these circumstances, the employer should be aware of their obligations to the employee and the potential consequences of failing to satisfy them.

A recent decision of the Office of the Australian Information Commissioner has illustrated how difficult it can be for employers to balance their obligations under various workplace laws when managing ill and injured employees.