Understanding your employer obligations: Notice of termination

Following a work injury, an employer has an obligation under section 18 of the Return to Work Act 2014 (the Act) to identify suitable employment opportunities and support an injured worker return to work as soon possible.

ReturnToWorkSA and your claims agents are available to guide and support employers in the identification, accommodation and possible re-training of workers to assist retention where reasonably practicable.

Employers that are concerned about their ability to source employment are encouraged to speak with their claims agents or ReturnToWorkSA early and proactively to determine what return to work options might be available.

In addition to an employer’s duty to provide work, employers are reminded of their obligation, under section 20 of the Act, to notify their claims agent and their work-injured employee at least 28 days in advance if they intend to terminate the employment.
Self-Insured employers are also reminded of their Code of Conduct, which requires disclosure to ReturnToWorkSA of the non-provision of suitable employment or termination.

This notice period is crucial to ensuring the claims agents and ReturnToWorkSA have the opportunity to review the proposed termination to ensure an employer’s compliance with the suitable employment provision, but more importantly to proactively assist the employer to identify potential return to work opportunities which may result in retention of the injured worker, and  minimise the risk of a potential financial penalty being issued against the employer (subject to the Remissions and Supplementary Payments Scheme as per Section 147 of the Act).

Return to Work Coordinators play an important role in ensuring their employer understands this obligation and is offering suitable work.

Whilst there are some exceptions to the requirement to give  notice of termination under Section 20(2), employers are encouraged to obtain legal advice to determine whether there is sufficient basis to apply one or more of these exceptions before proceeding with a termination.

Employers are reminded that injured-workers can request that ReturnToWorkSA review their termination or proposed termination.

For more information regarding your section 18 and 20 obligations, view our Understanding your suitable employment obligations webinar.