Dismissal protection for injured workers

If a worker has a work-related injury or disease and can't work in their usual job,  employers can't use this as a reason to dismiss them within 12 months of the injury/illness (Workers’ Compensation and Rehabilitation Act 2003 ). The penalty is a maximum of 40 units.

The worker may ask their employer to return them to their old job within 12 months after the injury/disease and must give the employer a doctor’s certificate to prove they are fit to return.

If the employer doesn't take them back, the worker may ask the Industrial Commission to order the employer to return them to their old job. The worker can ask their union to help them with this.

If they are happy the worker is fit to return to their old job, the Industrial Commission may order the employer take them back and may set terms like the start date.

A worker or employer not happy with the Industrial Commission’s decision may appeal to the Industrial Court.

For more information contact:

Wageline Ph. 1300 369 945 or www.wageline.qld.gov.au (Queensland Department of Employment and Industrial Relations)

Queensland Fair Go Advisory Service Ph. 1300 737 841