VIC Non work related injury - employer refused to offer light duties

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Gareth123

Member
7 August 2019
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A friend of mine (airport baggage handler) broke his hand playing football. He wants to come back to work but the employer has refused him to return on light duties because he was injured outside of work. They say the process is to use all of his personal leave, followed by all of his annual leave, then go on leave without pay till the injury is fully healed and he can do 80% of his job description.

There has been instances where other people who have sustained a similar injury at work that resulted in not being able to lift baggage have been offered “light duties” (radio, flight marshal, office duties).

-Can the employer refuse the employee’s return to work on light duties?
-Should a worker with a non work related injury be treated the same as someone injured at work?
-Is this a form of discrimination?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
1-Can the employer refuse the employee’s return to work on light duties?
2-Should a worker with a non work related injury be treated the same as someone injured at work?
3-Is this a form of discrimination?

1. Yes
2. No
3. No

Employers can elect to give light duties, but nothing obligates or mandates they do so.

Note employers should not refuse paid personal leave when paid personal leave is available.