Termination for Ill Health
In the absence of a specific protection in your Enterprise Agreement or in your institutional policies, under the law of contract of employment your employer can sometimes terminate an employee if he/she is unable to perform his/her duties due to long-term illness or ill-health.
However, all NTEU academic members and some general staff members have specific protections against arbitrary termination on health grounds, under their Enterprise Agreements. This procedure allows the employer to require the employee to undertake a medical examination, with reasonable notice, usually not less than 1 month.
During this time, the employee can apply to his/her superannuation fund for ill-health retirement or a temporary disability benefit. If this occurs, the requirement to attend the employer-initiated medical examination lapses until a decision is made on that application.
The procedure in the Agreement also gives the employee a right of appeal against any adverse findings of a medical examination.
IMPORTANT NOTICE: Always contact the NTEU if you are given any notice about a medical examination or termination on the grounds of ill-health.