Australia Law
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Answered in 13 minutes by:
4/15/2013
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience: Law degree with 1st class honours from Australian National University.
VerifiedHello and thank you for your question. My name is XXXXX XXXXX I'm am able to assist you with this.
If your doctor has not declared you unfit for work, then they should not have stood you down. Further, even if you were unfit for work, they are required to make reasonable adjustments to your role accommodate your situation. If they don't do this they will be in breach of discrimination legislation and the general protections provisions in the Fair Work Act.
Would it be possible for them to make adjustments to your current role to accommodate you?
Also, do you think your doctor would give you a certificate that says you are fit for work regardless of the need for elective surgery? If you could do this you could avoid the problem altogether.
If the adjustments would really put your health and safety at risk then they do not have to, and should not, make them.
If it is clear that they could make reasonable adjustments when they really can, such as office duties, then they will still be in breach. In this case you could bring a claim against them in Fair Work Australia for breach of the general protections provisions. You can still do this while you are employed.
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience: Law degree with 1st class honours from Australian National University.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
