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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42333
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a doctor has written a report that states that I must be

Customer Question

If a doctor has written a report that states that I must be moved to another location in my work area because of personal injury sustained where I was working and a Workcover Application has been put in, can management tell me they no longer have work for me? Or are they obliged by law to find me work in their other locations? I am employed casually and have been with the same company for almost two years and have been recently placed in another location where I have sustained injury to my skin from major bites from midges.
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Are they terminating your employment?

Are you saying that where you are working is infested with insects that are causing you a skin irritations by biting?

Had he known management is going to terminate you?

Customer: replied 3 years ago.

I believe they are going to try and terminate my employment by saying they are unable to move me to another location within the company. Yes where I am working has midges or sandflys which bite me and I have an allergic reaction to.

Customer: replied 3 years ago.

I am having a meeting with management tomorrow morning and I believe that they are going to say they cannot relocate me and that if I cannot put up with being bitten by the midges/sandflys that they have no alternative but to let me go.

Expert:  Leon replied 3 years ago.
Good Afternoon,

The work environment is not healthy and they should be implementing a strategy to either have the midges/sandflies removed.

They cannot expect you to work in an unhealthy environment and this is an Occupational Health & Safety matter.

My greatest concern is that you are a casual employee and may not be covered by unfair dismissal laws.

You need to have the meeting with the employer but you should also have a 3rd independent party with you as a witness.

Have indicated to you whether you can bring a 3rd party?
Customer: replied 3 years ago.

Yes they have said I am able to bring a third party but I have not had time to organise this. Should I postpone the meeting until I have time to arrange someone to come to the meeting with me. I really think that they may say that if the problem of the insect bites only appears to affect me with the evening/night shifts and that I should "drop" these shifts but to do this would be a huge impact on my salary. Should I postpone the meeting until Thursday?

Expert:  Leon replied 3 years ago.
Good Afternoon

If you do not feel comfortable you should postpone the meeting.

They have to do something about this, changing your shifts does not solve the problem for others.

Get the meeting moved to Thursday.

Is there anything else I can assist you with?
Customer: replied 3 years ago.

Do you think it is my best interest to take someone with me? If I cannot find anyone to come with me on Thursday can I legally notify them that this is not possible and make them wait until I can find a third party to come along with me?

Expert:  Leon replied 3 years ago.
Good Evening

It is always best to have someone with you.

You tell them you wish someone with you and the date that they are available.

Customer: replied 3 years ago.


Expert:  Leon replied 3 years ago.
You are very welcome.

Good luck with it.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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