6.10 Managing Ill-Health

1. This clause does not apply to casual employees or to continuing or fixed-term employees during the first six

   (6) months of their employment.

2. The University has a duty of care to provide a safe working environment for all employees. Where the University may have a doubt about an employee’s wellbeing, it is appropriate for the University to seek information about an employee’s health.

3. An employee may apply to their superannuation fund at any stage for temporary or permanent disability benefits, however described by the particular fund.

Medical Assessment

4. Where the University believes there is reasonable concern regarding an employee’s capacity to perform the inherent requirements of their position due to ill-health, the employee may be required to undergo an independent medical examination by a relevant medical specialist chosen by the University, at the expense of the University.

5. The University will normally provide the employee with written notice of at least four (4) weeks, except in exceptional circumstances, of the medical examination and will provide the employee with the date and relevant details of the examination.

6. In some circumstances, the University, may in the first instance write to the employee requesting the employee’s consent to contact their treating medical practitioner(s) in order to obtain information regarding the employee’s health and capacity to perform the inherent requirements of their position before seeking the examination of an independent medical specialist.

7. Where an independent medical examination is conducted in accordance with this clause, the medical practitioner will be asked to provide a report to the University advising:

   1. Whether the employee is currently able to perform the inherent requirements of their position;

   2. If not, whether the employee is likely to be able to resume work and perform those requirements within a reasonable time, being not less than twelve (12) months; and

   3. Whether any further medical examination is required.

8. Other pertinent information

   If the medical practitioner undertaking the assessment requires additional information in order to complete the assessment, including but not limited to:

   1. consideration of the employee’s medical records;

   2. discussion with the employee’s treating medical practitioner and/or treating specialist; and/or

   3. a separate examination/assessment by a second independent practitioner,

      the employee is required to cooperate with the request for additional information, and the University will meet the costs of any additional appointments.

9. The University will provide a copy of the medical specialist’s report to the employee.

Independent Medical Review

10. The University will advise the employee that they may elect to make an application to refer the report to a panel of three (3) medical practitioners for an independent medical assessment within ten (10) working days of the report being supplied to the employee. The panel will be convened as quickly as practicable and will not include a medical practitioner who has previously examined the employee.

11. The Panel must:

    1. review all the medical information provided to it by employee and the medical report(s) provided by the University; and

    2. based on the documents referred to above, provide a report to the University advising it whether or not the majority of the Panel agrees with the determination of the medical practitioner(s) chosen by the University including in relation to whether the employee has capacity to perform the inherent requirements of their position and will be able to resume work to perform those requirements within a period not less than twelve (12) months from the date of the report of the medical practitioner.

Application to Superannuation Fund

12. If at any stage an employee elects to apply to their superannuation fund for ill-health retirement (or equivalent) or a temporary disability benefit within the notice period in sub-clause 6.10(e), and they provide the University with evidence of the application, the requirement to attend a medical examination will be deferred. Subject to the provisions of this clause, the University will take no further action until such time as the superannuation fund has reached a decision on the application.

13. In the event the superannuation fund determines that the employee does have the capacity to perform the inherent requirements and duties of their position, in line with the University’s duty of care obligations, the University will require the employee to undergo the deferred medical examination as soon as possible or give the employee a further notice under sub-clause 6.10(e).

14. An employee who is granted an ill health retirement benefit (or equivalent) by their superannuation fund (e.g. a Permanent Incapacity Benefit from UniSuper) will be deemed to have separated from employment with the University by taking medical retirement at their initiative.

15. The employee’s date of medical retirement will take effect from either:

    1. the date that the superannuation fund advises the University of its decision to grant ill health benefits to the employee; or,

    2. the date of effect advised to the University by the superannuation fund, whichever advice is received first by the University.

16. If the employee does not make an application to their superannuation fund in accordance with sub-clause 6.10(l), the employee must attend any medical examination arranged by the University under sub-clause 6.10(d).

Termination of Employment for Medical Ill-health

17. Prior to taking action to terminate the employment of the employee, the University may offer the employee the opportunity to submit a resignation. If such a resignation is offered, the University will accept it and take no further action under the provisions of this clause.

18. The University may terminate an employee’s employment on the grounds of ill health where:

    1. A medical specialist’s report indicates that the employee is unable to perform the inherent requirements of their position and is unlikely to resume them within a reasonable period, being at least twelve (12) months; or

    2. An employee has been continually absent from employment due to illness or injury for a period of not less than twelve (12) months; or

    3. An employee has failed to undergo a medical examination, which may be construed by the University as evidence that an assessment would have found the employee unable to perform the inherent requirements of their position, and unlikely to be able to resume them within twelve (12) months. A failure by an employee in these circumstances will not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report.

19. In any such case, the University will provide:

    1. For a continuing employee, six (6) months’ notice at their ordinary rate; or

    2. For a fixed-term employee, either six (6) months’ notice or notice equal to the period before the employee’s fixed term contract of employment expires in accordance with its terms, whichever is the lesser amount.

20. The University may, at its discretion, make payment in lieu of notice equal to the total amount that the University would have been liable to pay the employee if the employee’s employment had continued in service until the end of the period of notice including all accrued, but untaken annual leave and/or long service leave as applicable at the end of the notice period.