CEPU Home Page and Database - Communications Union

Disability

Covers injured or sick workers no matter what the cause eg Workers Compensation Problems

Disability Discrimination: - unlawful to treat a person less favourably because of disability - this is direct discrimination. An indirect discrimination may e a policy that looks fair but operates to discriminate against someone who cannot comply because of disability. As long as disability is one reason, it is unlawful.

Inherent Requirements of Job

Workplace Relations Act

AIRC: Harsh, Unjust and Unreasonable - need a valid reason

Federal Court: Unlawful to terminate for reason of physical and mental disability. Unless Inherent Requirements of Job cannot be performed - 2 tests
- can employee do inherent requirements of job
- can employer accommodate with changes - must consider

To identify job, job is job employee performing prior to injury. See

(Cosma v Quantize (2002) 120 IR 195)

Zraika v Commissioner of Police [NSWADT] 67

OHS Risk to Themselves and Others

Difficult area for employers to claim OHS risks force me to terminate a person. See Perlidis v Brambles [2003] NSWADT 11 re overtime restriction no intention - OHS defence.

Employers DO

identify essential elements of job

genuinely consider accommodation

facilitate rehabilitation
Employers NEED NOT DO

make accommodation causing unjustifiable hardship

change job completely

offer alternative jobs that worker is not capable of performing or trained for

Medical evidence

- needed to support issues above. Problems with medical reports where conflicts and privacy. Need written consent to access reports and purpose for which report sought.