Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2007
    Location
    Melbourne
    Posts
    7

    Default Workers Compensation & Annual Leave

    Hi HR Buzz

    Just wondering if you can give me some advice........we have a worker who was injured just prior to Xmas. The injured worker was deemed unfit for work over the xmas and NY period (he had a certificate to cover the period). Every year we have an annual shut down, therefore this worker was well aware that they would be taking annual leave over xmas and NY. Does anyone know if this worker should be paid annual leave or workers compensation for this period. I am receiving conflicting advice from the agent, worksafe and an employer industry group! So I thought I would ask for your thoughts!
    Thanks Stephanie.

  2. #2
    Join Date
    Aug 2008
    Location
    Brisbane, Queensland
    Posts
    45

    Default

    Hi Stephanie,

    I believe he should be on Worker's Compensation. The company has a duty to support the employee during this time and he should not be disadvantaged in anyway while unfit for work. If he was deemed fit for work during the shut down, only then should annual leave be deducted.

    Heidi C

  3. #3

    Default

    I agree...but you should really check what your legislation says. Worker's Rehabilitation and Compensation Act in SA definitely provides for the employee being on Worker's Comp during the period.

    However, the worker's comp claim should be accepted first. If it is rejected, then the employee should be either on sick leave or annual leave. If there is not enough entitlements, it will be unpaid leave.

Similar Threads

  1. cashing-in annual leave
    By Louise in forum Industrial Relations, Employee Relations, EEO & Privacy
    Replies: 3
    Recent Posts: 26-11-2008, 02:50 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
E-learning Specialist - Contract - Canberra
Posted on 11 Jul 2020 at 8:03am

APS5/6 Human Resources Officer - Contract - Canberra
Posted on 11 Jul 2020 at 7:03am

HR and Recruitment Manager - Brisbane CBD
Posted on 10 Jul 2020 at 2:03am

HR Manager - Manufacturing - Kingaroy (SE Queensland)
Posted on 10 Jul 2020 at 1:03am

Work Health & Safety Advisor - Contract - Melbourne CBD
Posted on 10 Jul 2020 at 2:03am

P&C Manager - Se Suburbs Melbourne
Posted on 10 Jul 2020 at 2:03am

Senior Advisor (AO6 Level) Disaster Resilience and Operations - Contract - Br...
Posted on 9 Jul 2020 at 2:03am

HR Generalist - Contract - Townsville
Posted on 8 Jul 2020 at 7:03am

General Manager - People & Culture (12m FTC) - Contract - Sydney CBD
Posted on 8 Jul 2020 at 7:03am

Global Health & Safety Manager - Western Sydney
Posted on 8 Jul 2020 at 4:03am

Senior Human Resource Officer (Role Design) - Western Sydney
Posted on 8 Jul 2020 at 6:03am

Assistant Director WHS - Contract - Canberra
Posted on 8 Jul 2020 at 12:15am

Human Resource Business Partner - Darwin
Posted on 4 Jul 2020 at 2:03am

Workers Compensation Manager - Western Sydney
Posted on 4 Jul 2020 at 2:03am

HR and HSE Projects and Engagement Specialist - Southern Suburbs Brisbane
Posted on 3 Jul 2020 at 5:03am


 

Powered by vBadvanced CMPS v4.2.1