Cairns, 25 October 2024

• Charge 1 –  Section 572A(1)(a) WCRA - Attempt to obtain a workers’ compensation document  for a purpose relating to employment
• Charge  2 – Section 572A(1)(b) WCRA – Use of a workers’ compensation document for a  purpose relating to employment

The worker sustained a psychological injury during his employment with the defendant and made a workers’ compensation claim with WorkCover in June 2021. The claim was accepted and the worker was sent to a specialist who gave a report about the worker’s injury and ability to return to work.

WorkCover summarised this report and sent this to the defendant employer. The report stated that the worker would unlikely be able to return to the workplace, but that he required more medical treatment.

Sometime later, the defendant attempted to obtain a copy of the report for the purpose of using the report to terminate the worker’s employment. Despite the request, WorkCover refused to disclose the report for privacy reasons.

The defendant then instructed their lawyers to send a show cause notice to the worker.  It relied on the summary of the medical report and asked the worker to show cause why his employment should not be terminated.

The defendant then terminated the worker’s employment.

An employer must not attempt to obtain or use a workers’ compensation document for the purpose of terminating a worker’s employment, and must only use the document to facilitate a worker’s rehabilitation and/or return to work.