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What are the legal risks involved in managing employee injury/illness?
Performance management of employees who are ill or injured is a sensitive issue in both legal and practical terms, especially if performance management processes leads to an adverse outcome such as termination of employment.
It is important to remember that ill or injured employees can be performance managed and that in appropriate circumstances it may be possible to lawfully terminate employment.
Section 352 of the Fair Work Act 2009 (Cth) (FW Act) limits the capacity of an employer to lawfully terminate employment in circumstances where an employee is on paid personal/carer’s leave. Performance management must also navigate workers compensation, anti-discrimination, unfair dismissal, unlawful termination, general protections and work health and safety laws obligations.
See What are the legal risks associated with managing employee injury/illness?
