VIC Return to work safely

Discussion in 'Employment Law Forum' started by Stephen Taylor, 16 August 2019.

  1. Stephen Taylor

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    Iv had 6 weeks of work, 3 due to a medical condition which is a blood clot in the brain and then I had a mental breakdown during this and my therapist and doctor believe I have PTSD now I return to work on Monday can I be fired for this time of? Because I did what was best for my health and well being and my doctor even wrote a letter to give my work stating this.
     
  2. Rod

    Rod Lawyer
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    Possibly. You may be considered to have abandoned work. Not enough detail to know.

    At this stage you turn up for work with your letter and see how it goes. Keep a copy of the letter.
     
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  3. Stephen Taylor

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    Um my union said I can’t be as iv been keeping them updated on my medical and physical status and abounding my post is if I just don’t turn up and keep them in the dark which I have not. In fact I spoke to my manager last week and he said to do what I needed to do to be ok.
     
  4. Rod

    Rod Lawyer
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    Notifying work was part of the missing detail. Yes, that is important and in your favour.
     
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  5. Stephen Taylor

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    And my doctor said I can’t be fired if I have PTSD as it’s discrimination plus my doctor wrote a letter stating that my return to work is part of my recovery and my therapist said if they know what iv been through which they do and they fire me while I’m in recovery and then I have a break down and do something stupid there liable for my actions.
     
  6. Rod

    Rod Lawyer
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    Hmm, a doctor giving out legal advice.

    It is not as simple as made out by the doctor.

    Go to work and report back if they do take action against you. No point speculating too much at this stage.
     
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  7. Stephen Taylor

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    Well yeah he and my union and my therapist told me and the ombudsman told me too that people with PTSD cant be fired it’s discrimination plus I’ll fight for my job if I’m fired as my life is more important then work.
     
  8. Rod

    Rod Lawyer
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    Not true. You can be fired. It is only unfair or discrimination if you were fired BECAUSE of having PTSD.
     
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