Injured Employee Management

Managing an ill or injured employee is highly sensitive and often very complex. Employees who are genuinely sick or injured can be concerned about the future of their employment, particularly if their condition has led to extended absences from work. Inquiries by an employer assessing ‘fitness for work’ or a subsequent decision to dismiss can lead to a strong emotional response from the employee.

The legal framework which applies to this area is also complex. Equal opportunity laws protect employees against discrimination on the basis of their impairment but occupational health and safety laws require the employer to protect the employee from further aggravating their condition at work, and ensure the safety of their co-workers. If the employee’s condition is work-related, or the issue involves an insurer, rehabilitation obligations or restrictions on dismissal, the issues are even more complex.

MinterEllison’s lawyers specialise in this area – not just in the law and how it applies to the unique circumstances of each case, but they have a keen insight into the human dynamics involved. With that knowledge, we tailor our advice to each situation and provide a clear and robust management plan directed at achieving the best available outcome for our client. We provide a clear recommendation on what to do, not just a list of options. We regularly provide ‘front end’ advice to our public and private sector clients such as Qantas, Sucrogen, Xstrata, Campbell Arnott's, Queensland Health, GE, Pfizer, ENERGEX and Australian Catholic University.

If litigation is unavoidable, we also have the skills and resources to respond to the employee’s claim on our client’s behalf, regardless of the type of claim or where it is brought.

  • Best Lawyers 2013
    The depth and strength of Minter Ellison's team in Australia has been recognised by this year's list of Best Lawyers, announced today by Best Lawyers® and published by the Australian Financial Review.
  • Legal 500 Asia Pacific - Employment
    Minter Ellison’s employment team is ‘timely, practical, pragmatic and principled’
  • Chambers Asia Pacific / Chambers Global - Employment
    'They are very good – our preferred providers in employment matters. They're really devoted to their clients, and always make sure that they are acting in their best interests. We get really robust advice which incorporates a clear understanding of the nature of our business and our available options.'