QLD Possible Dismissal Due to Medical Certificate?

[Jason Rivers]

Hi all I need some help please.

I work for an office supply company as a sales rep on salary (minimum wage). Every fortnight I have to fill in for two days on deliveries as the previous delivery driver who would fill in lost his licence. I have been doing this since June 2015 and it only stopped after my operation in August 2016. I have been filling in once again as the delivery driver every fortnight for two days, when the regular driver is sick or on holidays, not by choice either as the manager has said that we are all delivery drivers here.

At the end of the day or week, I have severe back pain and have been given a medical certificate to state that I can not do deliveries as it is the main cause of my pain. I am now also required to wear a back brace for 6 months and I am worried that when I give my employer my medical certificate that I will loose my job.

I can't afford to loose my job as I struggle from pay to pay!

Can they fire me?

What rights do I have?

Can I be made redundant? What happens if they do this?

 

[Lance]

Hi Jason,

They cant fire you for a work related injury. You should fill in a workers comp claim and submit the paperwork to Worksafe QLD Injuries at work

The other think to do is check your original position description and award description. You were employed as a sales rep, does that entail sales deliveries because they may have been paying you against the wrong minimum rates

Don't be confused, what has occurred sounds like it is directly work related. You cant be sack for being hurt at work and if they did sack you would have grounds for unfair dismissal.