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NSW Forced Unpaid Leave After Back Injury - Unfair Dismissal?

Discussion in 'Employment Law Forum' started by Kaitlan neal, 8 July 2016.

  1. Kaitlan neal

    Kaitlan neal Member

    8 July 2016
    Likes Received:
    I am a full time employee and have been put on unpaid leave because I have a back injury that has flared up at work. Since March 2016, I have submitted medical certificates to the employer stating what the illness is and how I am treating the problem.

    I asked to have light duties and the doctor suggested/requested I stop 3 duties that affected my back injury. Since then I believe I've been bullied and un-supported by not only the employer, but manager as well.

    I have now been forced to be on unpaid leave for a month and been asked by my employer to "seek a new job that requires less work for me", an unfair dismissal. I can still perform most of my duties but she refuses to have me there and said that "there is no work for me here anymore".

    I'm not sure what to do.
  2. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

    2 November 2015
    Likes Received:
    hi Kaitlan

    Just for your information there's a few things involved here.

    1. Workers compensation ... injury at work ? Have you considered claiming ?
    2. Employer can terminate without breaching Part 3 -1 of the FW Act if you have been absent on personal leave, paid or unpaid for over 3 months.
    3. If you are being forced out of work due to injury.. you can a claim because the employer must terminate properly if it's suggesting that you can't perform the work due to capabilities e.g. medical reports, evidence etc.

    Finally, if you're being pressured to leave, my suggestion is to take proactive steps to preserve your employment
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