Managing ill or injured workers: best-practice guide — Australia
An employee has been absent on a number of occasions. The medical certificates state that the employee is suffering from a ‘medical condition’. The workplace relies on that employee to function as a member of a team and his or her absences are having an impact on the work being done and on his or her colleagues. The employee does not provide any further information about his or her medical condition. Can you require the employee to submit to a medical examination and what happens if the employee refuses?
Often, the first step is for an employer to ask and, if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that direction will stand up and what the consequences of that direction are (that is, can the employer dismiss the employee?).
Typically, the employee will challenge the employer’s right to give that direction by alleging that such a direction is not a lawful or reasonable direction or that it amounts to disability discrimination or adverse action because it constitutes a ‘detriment’ in employment and the detriment is due to the disability…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
A well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL.
The increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.