LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Workers Compensation - Time Off Work and Made Redundant

Discussion in 'Employment Law Forum' started by anonempl, 5 November 2014.

  1. anonempl

    anonempl Member

    Joined:
    5 November 2014
    Messages:
    1
    Likes Received:
    0
    So I have just had my workers compensation approved for the period of up to July 2013. Workers comp decided I was fit to return to work after this date and therefore stopped payments then.

    Unfortunately my employer outright refused to return me to work at that stage though and wouldn't return me to work at all. They advised they needed to do their own fitness for duty assessment which ultimately cleared me to have a return to work plan but instead they decided to make me redundant and not allow me to return to work during the notice period they had to give to retrench me and just paid me to be at home.

    What I don't understand is what happens to pay during July to the date when they start paying the notice period payments in October? It was not my choice to not be allowed to go to work and being a full time employee surely there are entitlements to be paid even after a redundancy?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Anonempl,

    Have you tried speaking with Workers Compensation and enquiring about this matter? Another suggestion would be to contact the Fair Work Ombudsman to enquire about your options, rights and points of contact.
     
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Anonempl,

    I see what you mean. You were still technically an employee of this company up and until the date that that they made you redundant and if it was the employer that prevented you from coming to work when you were fit to, then they shouldn't be able to penalise you for that by not paying you.

    If the grounds for selecting you for redundancy were due to your work-related injury or illness, your employer could be liable to a claim of unlawful dismissal. It is unlawful for an employee to be dismissed on grounds that are discriminatory which includes any physical incapacity due to injury.
     

Share This Page

Loading...