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NSW Employment Termination Due to Personal Injury?

Discussion in 'Employment Law Forum' started by TomMason, 3 May 2015.

  1. TomMason

    TomMason Member

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    Hello I currently work for the NSW Government. I am 1 year into a 2 year training program. I am no longer on probation and my employment status is that of an ongoing employee. After the first year of employment I suffered an injury which broke my left arm and left leg. During this time I was off work for just over 3 months. Which means I will have missed at least half of a Tafe semester when I come back.

    Will my workplace be able to terminate me due to this? I read in this legislation* that one of the condition of engagements is formal qualifications. Will my personal injury be taken into account or should I start looking for other work? I am also part of the union if that is of any relevance.

    *NSW Legislation
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Tom,
    Without knowing the particulars of your work requirements, your employer should work with you to accommodate your time off work due to injury. You should talk to them about what you can do to catch up on training or whether you can do the training you missed the next time it is offered. Also, if you have a Union membership, you should definitely make use of it by letting them know the situation you are in. They should be able to help you negotiate an arrangement with your employer.
     
  3. TomMason

    TomMason Member

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    Hello Ivy thanks for the reply. It is a desk job, so nothing physical.
     
  4. Tim W

    Tim W Lawyer

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    If you are a PSA member then consult them for assistance.
    If you are a member of another union that looks after the NSW public sector,
    such as (but not only) APESMA, AWU, or RTBU,then contact them.

    It would be appropriate to deal with the union's officials (via their office).
    Workers Comp matters are outside the role of your comrade workplace delegate.

    (Disclosure: I used to be an Organiser with the PSA)
     
  5. TomMason

    TomMason Member

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    Hi Tim W

    Thanks for that I will contact the union and ask if they can help.
    I injured myself off the job. Would that affect the outcome of continuing my employment?
     
  6. Tim W

    Tim W Lawyer

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    Can't really say without more of the facts and circumstances
    (no, don't supply them here).

    Accident and misadventure will happen. If your injuries are unrelated to work, then Workers Comp is probably not in play.
    That said, your union should be able to assist you with both dealing with your employment and your study
    (and any conditional relationship between the two).

    There may be options of actions in negligence, depending on how you got injured (for example, a fall in a public place may present different possibilities to a self-inflicted sporting injury). For that, you may need legal advice. Some unions offer (financially) supported access to lawyers - ask about that too.
     
  7. TPD_Awareness Australia

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    I know government employees usually have pretty good TPD coverage in their superfunds. If you find yourself out work still for another 3 months because of your injury contact a lawyer to see about a TPD claim.
     

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