When an employee is unable to perform their role due to illness or injury, employers must balance compassion, operational demands and legal risk.
While termination on medical grounds may be justified in some circumstances, getting the process wrong can expose a business to unfair dismissal, general protections or discrimination claims.
Before making a decision, employers need to understand whether the employee can safely and sustainably perform the inherent requirements of their role. This means obtaining current medical evidence, consulting with the employee and genuinely considering reasonable adjustments or other alternatives.
In this practical webinar, our experts will explain when termination for medical incapacity may be justified, where discrimination and dismissal risks can arise, and the.
In just 60 minutes:
- Medical Incapacity vs Discrimination: Understand where employers commonly get medical incapacity matters wrong and how these situations can lead to unfair dismissal, general protections or discrimination claims
- Assessing Capacity to Work: How to assess whether an employee can perform the inherent requirements of their role, including what medical information employers should seek and the limits of medical certificates
- Before Termination Is Considered: The steps employers should take before making a final decision, including reasonable adjustments and alternative arrangements
- Making a Defensible Decision: Discover how a fair, evidence-based and well-documented process can help protect your business when an employee may no longer be able to perform their role
You’ll also have the opportunity to ask your questions during the live Q&A and receive practical guidance from our experts.
Please note that this is general information and not intended to replace legal advice under any circumstances.
Have a question?
Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 1300 835 409 or email [email protected].