Is an employee obliged to always find alternate duties for injured workers? Workers compensation rules will normally require return to work arrangements, but what if the injury is not work related? A coal worker in New South Wales was not satisfied that his employer was providing alternative work and claimed discrimination after he injured his shoulder whilst on annual leave. The NSW Administrative Decisions Tribunal rejected his claim. They decided that there was no requirement in terms and condition of his employment that required alternative duties given that the injury was non-work related. There was no indirect discrimination particularly given the employers view that there was a reasonable risk that the worker could sustain further injury and then expose the employer to workers compensation claims and occupational health and safety claims.
19th-November-2010 | 