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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
If he is on workers compensation they cannot terminate him unless the set period passes in the state.
If the time passes, then they can dismiss him but the claim can still go ahead.
If you do not have a solicitor, you should get one to assist in this.
But if he has reached the time frame under the law they can terminate him.
I hope this makes sense and is of assistance.
Technically no, they have to comply with the act as he has lodged a claim.
If he is terminated he can argue that he had lodged a claim and it was still being assessed.