RETURN TO WORK ACT 2014 - SECT 20
RETURN TO WORK ACT 2014 - SECT 20
20—Additional requirement with respect to termination of employment
(1) If a worker has
suffered a work injury, the employer from whose employment the injury arose
must not terminate the worker's employment without first giving the
Corporation and the worker at least 28 days notice of the proposed
termination.
(2) However, notice of
termination is not required under this section if—
(a) the
employment is properly terminated on the ground of serious and wilful
misconduct; or
(b) the
worker is neither participating in a recovery/return to work plan, nor
receiving compensation, for the work injury; or
(c) the
worker's rights to compensation for the injury have been exhausted or the time
for making a claim for compensation has expired.
(3) The burden of
establishing that an employer terminated a worker's employment on the ground
of serious and wilful misconduct lies on the employer.