Unfair dismissal protections for injured workers

Best practice

Inform supervisors, managers, and injured workers that an employer cannot dismiss a worker due to a work-related injury within 12 months of that injury.

Why this is important

Did you know that employers may be fined if they dismiss a worker because they can’t return to a role in the business within 12-months of the injury occurring?

If a worker is dismissed, they have the right to ask to return to their job within 12 months of a work-related injury, providing they have a doctor’s work capacity certificate confirming they are fit to return.

Your toolkit

• Refresh your knowledge of worker commitments and employer obligations following a work related injury.
• Follow the seven principles set out in the Guidelines for Standard for Rehabilitation to make sure your worker has support to stay at or recover at work. Principle 2 covers the employer’s obligation to provide workers with opportunities to recover at work.
• Read more about dismissal protections for injured workers and note the avenues available to injured workers if they are unfairly dismissed.
  • The Queensland Industrial Relations Commission may order the employer to return the worker to their old job. A worker or employer not happy with the Industrial Relations Commission’s decision may appeal to the Industrial Court of Queensland.
  • Workers may apply to the Fair Work Commission to review their dismissal, within 21 days of being dismissed.
  • The employer could be prosecuted under the Workers’ Compensation and Rehabilitation Act 2003. Any cases of dismissal within 12 months of a workplace injury can be reported to the Workers’ Compensation Regulator by calling 1300 362 128.

• Contact the Workers’ Compensation Information and Advisory Service for employers for free information and advice, on 1800 102 166.
• Contact the Fair Work Ombudsman on 13 13 94.