Case Study - Workplace Relations - WorkCover From an Employer’s Perspective

Situation:

A company followed the advice of its WorkCover Agent in terminating the employment of an employee who had been unable to work for over two years. This triggered an angry response from the employee, who then made a series of demands including claims for notice, unpaid allowances, sick leave, annual leave and annual leave loading. The company manager wanted to make sure the company met its legal obligations, but he felt that the former employee's claims were excessive.

Response:

Moores Legal investigated the company's legal responsibilities under an award which applied during part of the period of employment, and under the versions of the Workplace Relations Act 1996 in force at the relevant times. The issues included determining when the award applied, whether leave entitlements accrued while the employee was on WorkCover, and what notice requirements applied to an employee in receipt of WorkCover payments.

Moores Legal recommended that the company make a payment to the former employee, in respect of some outstanding annual leave entitlements, and then defended the former employee's other claims. When the former employee lodged a complaint with the Office of the Workplace Ombudsman, Moores Legal represented the company throughout this process and assisted the company to identify and produce documents in support of its case.

Outcome:

The Office of the Workplace Ombudsman found that the company had paid the employee his minimum entitlements and indicated that no further action would be taken.