WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58B

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58B

58B—Employer's duty to provide work or pay wages

        (1)         If a worker who has been incapacitated for work in consequence of a compensable 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 from whose employment the injury arose must provide suitable employment for the worker (the employment being employment for which the worker is fit and, subject to that qualification, so far as reasonably practicable the same as, or equivalent to, the employment in which the worker was employed immediately before the incapacity).

Maximum penalty: $25 000.

        (2)         Subsection (1)

does not apply if—

            (a)         it is not reasonably practicable to provide employment in accordance with that subsection (and the onus of establishing that lies in any legal proceedings on the employer); or

            (b)         the worker left the employment of that employer before the commencement of the incapacity for work; or

            (c)         the worker terminated the employment after the commencement of the incapacity for work; or

            (e)         the employer currently employs less than 10 employees, and the period that has elapsed since the worker became incapacitated for work is more than 1 year.

        (3)         If a worker who has been incapacitated for work in consequence of a compensable injury undertakes alternative or modified duties under employment or an arrangement that falls outside the worker's contract of service for the employment from which the injury arose, the employer must pay an appropriate wage or salary in respect of those duties unless otherwise determined by the Corporation.