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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 49
Employer must provide suitable work
49 Employer must provide suitable work
(1) If a worker who has been totally or partially incapacitated for work as a
result of an injury is able to return to work (whether on a full-time or
part-time basis and whether or not to his or her previous employment), the
employer liable to pay compensation to the worker under this Act in respect of
the injury must at the request of the worker provide suitable employment for
the worker. : Maximum penalty--50 penalty units.
(2) The employment that the
employer must provide is employment that is both suitable employment (as
defined in section 32A of the 1987 Act) and (subject to that qualification) so
far as reasonably practicable the same as, or equivalent to, the employment in
which the worker was at the time of the injury.
(3) This section does not
apply if-- (a) it is not reasonably practicable to provide employment in
accordance with this section, or
(b) the worker voluntarily left the
employment of that employer after the injury happened (whether before or after
the commencement of the incapacity for work), or
(c) the employer terminated
the worker's employment after the injury happened, other than for the reason
that the worker was not fit for employment as a result of the injury.
Note :
See also Part 7 Chapter 2 of the Industrial Relations Act 1996 for provisions
for protection of employment of injured workers.
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