Suitable employment principles Suitable employment obligations The key objective of the Act is to facilitate a safe and sustainable return to work for injured workers as quickly as possible. This is explicitly outlined in section 3 of the Act, which states that the primary objectives of the Act are: To realise the health benefits of work, recover from injury; and returning to work (including, if required, after retraining). The Act defines obligations for workers to participate in their recovery and return to work, and for employers to provide suitable employment. The specific provisions regarding the employer’s obligation are set out in subsection 18(1) of the Act. This section of the Act describes the circumstances in which an employer must provide suitable employment. There are exclusions to this obligation, which are covered in section 18(2): (2) Subsection (1) does not apply if— it is not reasonably practicable to provide employment in accordance with that subsection (and the onus of establishing that lies on the employer); or the worker left the employment of that employer before the commencement of the incapacity for work; or the worker terminated the employment the commencement of the incapacity for work; or new or other employment options have been agreed between the worker, the employer and the Corporation under section 25(10) ; or the worker has otherwise returned to work with the pre-injury employer or another employer. The exclusions specified in subsection 18(2)(a) cover a broad range of circumstances whereas subsections (2)(b) to (2)(e) are relatively straightforward. An explanation of each of these is set out below. Subsection 18(2)(a) The obligation to provide suitable employment does not exist if the employer can establish it is not reasonably practicable to do so. There are a range of factors that may be considered, including: the employer’s size and range of duties available the worker’s skills, experience and other criteria specified in the definition of suitable employment in section 4 of the Act the worker’s capacity for work other employment issues not necessarily related to the injury and the worker’s capacity.
Suitable employment principles Suitable employment obligations The key objective of the Act is to facilitate a safe and sustainable return to work for injured workers as quickly as possible. This is explicitly outlined in section 3 of the Act, which states that the primary objectives of the Act are: To realise the health benefits of work, recover from injury; and returning to work (including, if required, after retraining). The Act defines obligations for workers to participate in their recovery and return to work, and for employers to provide suitable employment. The specific provisions regarding the employer’s obligation are set out in subsection 18(1) of the Act. This section of the Act describes the circumstances in which an employer must provide suitable employment. There are exclusions to this obligation, which are covered in section 18(2): (2) Subsection (1) does not apply if— it is not reasonably practicable to provide employment in accordance with that subsection (and the onus of establishing that lies on the employer); or the worker left the employment of that employer before the commencement of the incapacity for work; or the worker terminated the employment the commencement of the incapacity for work; or new or other employment options have been agreed between the worker, the employer and the Corporation under section 25(10) ; or the worker has otherwise returned to work with the pre-injury employer or another employer. The exclusions specified in subsection 18(2)(a) cover a broad range of circumstances whereas subsections (2)(b) to (2)(e) are relatively straightforward. An explanation of each of these is set out below. Subsection 18(2)(a) The obligation to provide suitable employment does not exist if the employer can establish it is not reasonably practicable to do so. There are a range of factors that may be considered, including: the employer’s size and range of duties available the worker’s skills, experience and other criteria specified in the definition of suitable employment in section 4 of the Act the worker’s capacity for work other employment issues not necessarily related to the injury and the worker’s capacity.