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NSW Can You Get Sacked After an Injury under Employment Law?

Discussion in 'Employment Law Forum' started by Claudio, 26 November 2015.

  1. Claudio

    Claudio Member

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    As a casual, can you get sacked after an injury using the Casuals Act being employed for 4 months under Employment Law?
     
  2. Tim W

    Tim W Lawyer

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    What is the "Casuals Act" ?
     
  3. Claudio

    Claudio Member

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    The new act that allows companies to dismiss casual employees at any time without a reason under the six months probation period. That's what I have called it, sorry.
     
  4. Timnuts

    Timnuts Well-Known Member

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    Hi, I was sacked after a major back injury, leaving my L4/5 with a protruding disc. I am on a return to work income support payment, they call it, but with only just over 1 year left to return to work, they have stopped paying for everything, still claiming I had no back injury all of a sudden.

    I received a sum of back pay and my payments have been regular. My question is, my return to work specialist has left me high and dry; I received no training to return back to the work force as I am not able to carry out the same job.

    I fear economic loss. I am dipressed and am on medication and about to see a specialist. Can I sue the return to work specialist as well as my employer for the stress, mentally and financially and section 60 lump sum after or before my 2 years run ou? Because I know my back is going to be an on going pain for the rest of my life. It definitely doesn't get better after they finish paying me.

    Help!
     
  5. Serge Gorval

    Serge Gorval Well-Known Member

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    Your employer can terminate your employment on the basis of capability, however must not do so if your are on leave for less than 3 months or receiving workers comp.

    Either way there's a risk in doing so if they did not follow proper procedures. When were you terminated?
     
  6. Timnuts

    Timnuts Well-Known Member

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    I'm currently receiving income support payments from Return to Work SA but no retraining as I am unable to do any of my other qualifications. I have to retrain my body and brain. Finding a job after a 2-year break is going to be so difficult as I'm a very hands-on person, experienced in both solid plastering 10 years and chef 15 years.
     

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