WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58C

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58C

58C—Notice of termination of employment to be given in certain cases

        (1)         If a worker has suffered a compensable 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.

Maximum penalty: $15 000.

        (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 receiving compensation, nor participating in a rehabilitation program, for the 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.

[In legal proceedings, the burden of establishing that an employer terminated a worker's employment on the ground of serious and wilful misconduct lies on the employer.]