Join our

mailing list.

Keep up to date with our latest insights.

  • This field is for validation purposes and should be left unchanged.
Perspective

Dismissing ‘Doctor’s Orders’

Published:

Share

Safety law requires employers to monitor health, identify hazards, determine the level of risk caused by the hazard, and put controls in place to mitigate or eliminate that risk.

The case of Matthews v Comcare demonstrates the importance of using safety law to manage workers compensation risk. In this case the employer went only half way.

Centrelink recognised it had a vulnerable employee (due to her poor mental health) and that a decision to re-locate her employment to a different office provided a risk to her health. They sought to mitigate that risk by obtaining medical advice and guidance from her own psychiatrist, and from an independent psychiatrist, around how to manage her and protect her health.

The employer now had the tools to eliminate the risk to her. Did it do so? No! Why? Who knows!

Centrelink ignored the doctor’s advice completely and by doing so, aggravated the employee’s condition and caused further damage to her.

The Tribunal found the employee’s condition was exacerbated by the direct actions of the employer by its failure to heed the clear warnings given by both psychiatrists.

The lessons from this case are simple and easy to implement:

  1. Employers have an obligation to monitor the health of its employees.
  2. Particular care must be taken when an employee has a known medical condition. Are there hazards which create risk? If so, how can those hazards be eliminated?
  3. Undertake a risk assessment and/or seek medical guidance – and follow it.

Written by Kim McLagan

Have a question or need advice?

Our team is here to provide the right advice for your business and workforce. If you have a question or require assistance, please contact Andrew Douglas.

Published:

Share

Stay updated with our Friday Workplace Briefing

Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. We’ll keep it simple, pragmatic and to 30 minutes.

Have a question or need advice?

Our team are here to provide tailored advice for your business and workforce.

Principal Lawyer and Head of Workplace

Legal Solutions.

Found.

Anything we can help you with?

Fusce sed egestas massa. Praesent eu sem pulvinar, condimentum massa ut, finibus ante. Praesent congue magna quis lectus placerat, tincidunt pellentesque ex placerat. Quisque facilisis quam et augue rutrum, at laoreet purus bibendum.

Join our

mailing list.

Keep up to date with our latest insights.
  • This field is for validation purposes and should be left unchanged.