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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 84AA

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 84AA

84AA .         Employer to keep position available during worker’s incapacity

        (1)         Where a worker who has been incapacitated by injury attains partial or total capacity for work in the 12 months from the day the worker becomes entitled to receive weekly payments of compensation from the employer, the employer shall provide to the worker —

            (a)         the position the worker held immediately before that day if it is reasonably practicable to provide that position to the worker; or

            (b)         if the position is not available, or if the worker does not have the capacity to work in that position, a position —

                  (i)         for which the worker is qualified; and

                  (ii)         that the worker is capable of performing,

                most comparable in status and pay to the position mentioned in paragraph (a).

        Penalty: $5 000.

        (2)         The requirement to provide a position mentioned in subsection (1)(a) or (b) does not apply if the employer proves that the worker was dismissed on the ground of serious or wilful misconduct.

        (3)         Where, immediately before the day mentioned in subsection (1), the worker was acting in, or performing on a temporary basis the duties of, the position mentioned in paragraph (a) of that subsection, that subsection applies only in respect of the position held by the worker before taking the acting or temporary position.

        (4)         For the purpose of calculating the 12 months mentioned in subsection (1), any period of total capacity for work is not to be included.

        [Section 84AA inserted: No. 48 of 1993 s. 39; amended: No. 42 of 2004 s. 147.]