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 Justice and Attorney-General)
Queensland Fair Go Advisory Service Ph. 1300 737 841