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In sickness and in health: managing ill or injured workers

Managing ill or injured workers continues to pose legal and practical challenges for employers.

We can help.

Drawing on recent decisions regarding the management, and often mismanagement, of ill or injured workers, this GuideME training session will provide you with practical guidance on negotiating this legislative minefield.

We will address issues such as:

  • the importance of having current medical information and the employer's right to do so;
  • managing extended absences;
  • the adverse action risks for employers;
  • communicating with a worker on sick leave;
  • making reasonable adjustments for a worker who is fit for suitable duties; and
  • the steps employers need to take when considering whether a worker's misconduct or poor performance is attributable to a mental illness.

Participants will learn that by adopting sound management practices, fair and reasonable processes and good communication, they can successfully navigate the risks inherent to managing ill or injured workers.

Individual discounts: attend more than 2 workshops in a 12-month period and receive a 10% discount on your third workshop.
Group discounts: 5 places for the price of 4, or 10 places for the price of 7.

Agenda

Legal

Legal framework

  • relevant legislation (including disability discrimination, adverse action claims, unfair dismissals and injured worker protections)
  • contractual obligations (including those arising from Rehabilitation/Return to Work and other policies)

Common legal issues

  • salary continuance entitlements and ongoing employment
  • employer’s ability to have employee medically examined
  • employer's obligations to provide suitable duties – ‘reasonable accommodation’ and ‘unjustifiable hardship’
  • the inherent requirement defence
  • the potential conflict between 'duty of care' and a return to work
  • lawful termination

Managing psychological illnesses in the workplace

  • statistics and trends
  • workplace illnesses and claims
  • risk management

Practical

How to get key issues right

If workplace injury:

  • dealing with third parties such as the insurer, Comcare or the safety regulators
  • liaising with rehabilitation providers
  • the importance of functional assessments

For all illnesses or injuries:

  • obtaining the right medical evidence at the right time
  • pro-active communication with employees
  • managing absence – resources, replacement, leave entitlements

Managing psychological illnesses in the workplace

  • statistics and trends
  • workplace illnesses and claims
  • risk management

Register for a workshop