Dismissal Protection for Injured Workers in Queensland

As a worker dealing with a work-related injury or illness, it's crucial to know your rights. According to the Workers' Compensation and Rehabilitation Act 2003 (WCRA Act), employers are prohibited from using your injury or illness as grounds for dismissal within 12 months of its occurrence. The maximum penalty for such a violation is 40 units.

Within the 12-month period following the injury or disease, you have the right to request your employer to reinstate you to your previous job. To support this request, provide your employer with a medical certificate from a doctor confirming your fitness to return to work. If your employer refuses to reinstate you, you can seek assistance from the Industrial Commission to compel them to bring you back to your old position. Feel free to involve your union or industry body representative in this process for support.

Should the Industrial Commission rule in favor of your ability to return to your old job, the court may issue an order for your employer to reinstate you, specifying terms such as a start date.

In case either the worker or employer disagrees with the Industrial Commission's decision, there is the option to appeal to the Industrial Court of Queensland. Your well-being matters, and understanding your rights is essential. If you have any concerns or need guidance through this process, consider seeking assistance from WorCover Queensland or reaching out to your union representative for support.