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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a quick question with respect to Australian Workers

Customer Question

I have a quick question with respect to Australian Workers Compensation Law.
My partner has recently had a workers compensation claim rejected and is off work til date. It is now approaching the 3 month mark for temporary illness or injury in a couple of weeks. We are considering lodging an appeal with respect to the decision of the workers compensation case.
My question is essentially just that if the case is going to arbitration/conciliation is the employer able to still dismiss my partner after the 3 month mark in his employment has passed?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

Customer: replied 1 year ago.
Hi Leon,Thanks for the response. The workers compensation claim has not been accepted, the insurer has denied liability and we are going to move to conciliation and/or appeal the decision. Therefore, as per your response above he is not technically currently on workers compensation. My specific question therefore is can they terminate him whilst a dispute on liability such as the one I have just mentioned is on-foot. i.e. does the fact that we have challenged/questioned the decision have any bearing on whether or not they will likely move to terminate him under the temporary illness provisions of the general protections legislation? We have legal advice and she has just told us to challenge the decision and go to conciliation which is a free, supported service in Victoria, and return to her afterwards. I more seek the answer to this question to understand the risk of my partner being terminated in the interim.
Expert:  Leon replied 1 year ago.

Good Morning

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.