A South Australian business recently faced a $44,000 fine. The court penalised them for failing to make reasonable adjustments after an employee returned from an injury. Interestingly, the injury occurred outside of work hours and was not work-related.
Despite this, the court found the employer negligent. They failed to support the employee’s gradual and positive return to the workplace. Employers must realize that while they aren’t responsible for outside injuries, they are obligated to support the return-to-work process. This obligation includes making reasonable adjustments and necessary accommodations.
Failure to Assess and Accommodate
In this case, the employer neglected to conduct a thorough assessment before the employee returned. The employee’s surgeon recommended three months of light duties with no heavy lifting. However, the employer rushed the process. They insisted on a full medical clearance for “all duties” before allowing a return.
By doing this, the employer failed to implement reasonable adjustments to avoid discrimination. This violated their responsibilities under the Commonwealth Disability Discrimination Act 1992. Consequently, the employee suffered further injury, leading to legal action.
What is a ‘Reasonable Adjustment’?
Employers must understand the broad definition of reasonable adjustments. Essentially, you must modify work environments or materials to suit an employee’s needs. These changes follow regular reviews or specific employee requests. Examples include:
- Providing assistive technology.
- Offering flexible working hours or locations.
- Assigning alternative duties.
Under the Disability Discrimination Act, you must do everything “reasonable.” However, this definition varies by case. While installing an elevator might be too costly for some, moving an office to the ground floor with a ramp might be a more reasonable adjustment.
How the AHR Team Can Help
The AHR Team can identify gaps in your current compensation and return-to-work policies. We provide a framework of tools, templates, and checklists so you can manage these concerns independently.
Alternatively, you can partner with us for expert advice, or we can manage the entire process as an external party. This allows you to focus on your business and productivity while we handle the compliance.
Ready to secure your workplace? If this article resonates with you, call the AHR Team today. We can guide you through the return-to-work process and review your specific case files. We will help you determine if you need Return-to-Work or Independent Medical Assessments.
Let our HR specialists handle the heavy lifting and reduce your legal risks. Contact us today on 1800 577 515 for a courtesy discussion about your workplace concerns.
