Joined: 02/April/2012
Location: Australia
Posts: 20
QuoteReplyTopic: restricted duties Posted: 06/April/2012 at 13:11
I am going back to work on restricted duties so restricted that the job I am hired for I can not do. I have been asked to work in the office and this is fine. Only problem is that I only work weekends and am commited elsewhere during the week otherwise I would work weekdays. If my employer can not find me work on the days I usually work what am I going to do. I am pemanent part time.
The employer should assign you light duty work on the days that you usually work. Can't the employer open up the office on the weekend and find you something to do?
Sometimes a bit of give and take by both is best.
In the private sector you have to think long term. Employers have long memories and it is best to keep on-side no matter how unfair some situations may seem.
The employer should assign you light duty work on the days that you usually work. Can't the employer open up the office on the weekend and find you something to do?
Sometimes a bit of give and take by both is best.
In the private sector you have to think long term. Employers have long memories and it is best to keep on-side no matter how unfair some situations may seem.
The Employer should give you lighter duties though we don't know the background here but I guess he/she "might" try to give you hard time.
If they decided to put you in a black list, then there isn't much you can really do.
If that it the case, in the meantime you find another job also you can talk to your Employer and prospect your willingness to go elsewhere so they might help you find a job as well.
sorry but that last comment made no sense. i am talking about them making me return to work days i am not employed by them as they say they have no light duties for me on my contracted days with them. what I am asking is can they do this, shouldnt they be finding me work on my contracted days instead of expecting me to drop commitments as they have nothing for me
If the employer can't provide work for you within your medical restrictions on the days you normally work, then they will just have to have you off work on full workers comp. You will need to provide some proof to your employer or insurer of the other commitments that prevent you from working week days. If those commitments are another job though, things could get messy - you can't have your cake and eat it too.
Finally found answer to this, so incase anyone else needs to know .
1) No employers must find you work on days you regulary work.
2) There is no problem in having another job as long as you are not doing any of the restrictions given by GP.
3) You do not have to provide proof of any commitments on non regular work days as it has nothing to do with employer or insurer what you do in your private time hope this can help someone else.
You do not have to provide proof of any commitments on non regular work days as it has nothing to do with employer or insurer what you do in your private time
I don't know who told you that, but it's not true. In fact, your workers compensation claim form specifically asks you for details of other employment. Anything you do outside of working hours that involves activities that are not within your medical restrictions can put your claim at risk. So, if you have a second job, play sport, go out partying, or even do housework while on workers comp, a smart insurer or self-insured employer will be VERY interested in those activities. I'm sure you've seen those stories on A Current Affair and other shows like that where people on workers comp are filmed doing stuff that their medical restrictions say they shouldn't be able to do?
These days covert surveillance is very simple - the technology available means we no longer have to mount video cameras inside a briefcase with a hole cut out of the side to film an employee outside working hours carrying shopping bags from the supermarket to their car, or loading their boat on the trailer at the boat ramp after fishing on the weekend.
Bottom line - be very careful and follow your medical restrictions to the letter, 24/7.
MMM Bation read the inital post WORKING ON DAYS NOT EMPLOYED TO WORK its not about other employment, or the restrictions ,simply just going back on the days I am hired on not any day any time the employer sees fit. My sources were Fair work Australia, workcover WA and Simon walters personal injury lawyer. It seems some just assume commitment means another job.
It seems some just assume commitment means another job.
I didn't assume that at all. If you read my post again, you'll see I mentioned a number of activities (call them commitments if you like) that your employer and/or insurer may be interested in "knowing" about. They might not ask you about it, and you may not offer any information to them about these things, but if there are any suspicions about the nature of your injury or claim then please make sure you smile for the cameras.
Yes, FWA and Workcover will give you a "by the book" response to your question, so I'm just giving a perspective as someone who has managed workers compensation for several large self insured employers.
I would definitely concur with Bation's statement below.
Originally posted by Bation
[QUOTE=elle49]
These days covert surveillance is very simple - the technology available means we no longer have to mount video cameras inside a briefcase with a hole cut out of the side to film an employee outside working hours carrying shopping bags from the supermarket to their car, or loading their boat on the trailer at the boat ramp after fishing on the weekend.
Bottom line - be very careful and follow your medical restrictions to the letter, 24/7.
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