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Video

The importance of pre-employment declarations

Kim McLagan provides a summary of the recent case decision in Kaukau and Cleanaway Operations Pty Ltd (Compensation) [2022] AATA 998 (4 May 2022), highlighting the importance of pre-employment declarations.

There are two really powerful sections in the Victorian and Queensland Workers’ Comp legislation, which provide that if you provide an employee before they start employment with a pre-employment declaration, make it clear what the nature of the job is and what the inherent requirements of the job are, both physical and from a psychological point of view, as well.

Ask them if they have got any pre-existing injuries that might be impacted by the nature of that particular role that they’re applying for. And then if they don’t make accurate disclosure that they’ve got a pre-existing injury, and that injury is aggravated at work by the nature of the role, then their WorkCover claim can be rejected.

Key lessons for employers

  • Ensure your documentation sets out the criterion that is in the legislation.
  • Ensure the questions are clear and easy to understand by all employees.
  • If there are any inconsistent answers provided by an employee, ensure you speak to the employee to receive further clarification.

Legal solutions. Found.

If you have any questions or concerns about your pre-employment processes, please contact our team to request a complimentary review of existing documentation, or to purchase our pre-employment declaration template ($500 + GST) for your organisation.

KEY CONTACTS

Principal Lawyer and Head of Workplace

Senior Associate

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