Many factors impact on employees’ fitness for work. Beyond the obvious issues of impairment caused by alcohol and drugs, or illness or injury, are other issues like fatigue or age. Some of these issues may affect employees temporarily or permanently.
Employees affected by these differing issues create a significant risk to themselves and others at work. Also, absence of capacity can have a significant impact on other workers, productivity and your business’ bottom line.
Understanding legal issues associated with ensuring your workforce is fit for work creates a challenge for your Managers, Directors and HR team.
This seminar covers:
- The types of issues that can impact on fitness for work, both work related and outside of work.
- The interplay of different laws such as WHS, discrimination and workers compensation.
- Opportunities to assess fitness for work as part of pre-employment screening and during employment.
- Discuss the importance of defining the inherent requirements of a role.
- Employer’s rights to assess and test fitness for work, including medical tests, alcohol and drug testing, including discussing best practice.
- Explain what to include in workplace contracts, policies and procedures.
- Explain employers’ rights to discipline employees, including terminating employment for either refusing to undergo a testing.
- Outline employer obligations to ageing and long term injured workers, including the need to make “reasonable adjustments”.
- Discuss and explain the legal risks that are involved in termination of employees who are unable to perform the inherent requirements of their role.
- Provide practical strategies for minimising legal risk
After this seminar participants should be able to:
- Understand how WHS, Worker Compensation, and equal opportunity laws each impact on issues associated with fitness for work.
- Understand what is meant by “the inherent requirements” of a position.
- Understand employers’ rights to assess fitness for work, including introducing drug and alcohol testing both as part of pre-employment screening and during employment.
- Understand an employers’ obligations in relation to flexible working arrangements and making “reasonable adjustments” for older workers or workers with injuries or illnesses.
- Effectively disciplining or terminating employment with consideration to the appropriate legal risks, including unfair dismissal, general protections and discrimination claims.
- Implement initiatives to improve transitions for older and injured workers in a respectful and considered way.
- Understand how to have conversations that generate the best outcome for the employee and the business.
Seminar Delivery
This seminar is developed and delivered by leading workplace lawyers.
We use handouts and allow time for questions and problem solving to ensure participants gain practical knowledge.
