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Contact Officer | Manager, Policy and Workplace Relations |
Approval Date | 07/09/2009 |
Approval Authority | Vice-Chancellor |
Date of Next Review | 01/09/2012 |
7.12.1 Policy
7.12.2 Application
7.12.3 Procedures
7.12.4 Delegation of process issues
Related Documents
Modification History
7.12.1 Policy
QUT may terminate the employment of senior staff of the University on medical grounds.
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7.12.2 Application
The procedures outlined in this policy apply to senior staff employed under the provisions of the
QUT Employee Collective Agreement (Senior Staff) 2009-2012
.
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7.12.3 Procedures
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The Vice-Chancellor may require, in writing, any staff member whose capacity
to perform his/her duties is in doubt to undergo a medical examination by a medical practitioner chosen
by the University, at the expense of the University. At this time, the University will offer advice
to the staff member on his/her options regarding retirement or temporary disability pursuant to the
rules of the relevant superannuation fund.
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The Vice-Chancellor will provide a staff member with written notice of not
less than two months that a medical examination is required. Where the staff member elects to
apply to the staff member's superannuation fund, prior to the expiry of the period of notice, for
ill health, retirement or temporary disability benefit pursuant to the rules of the superannuation
fund, the requirement for a medical examination under section (a) above will lapse and no further
action will, subject to section (c) below, be taken by the Vice-Chancellor under this policy.
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Where the superannuation fund decides that the staff member, following a period
of receipt of temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects
to dispute this decision, the Vice-Chancellor may proceed in accordance with this provision without
further recourse to the provisions of section (b) above.
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A copy of the medical report made by the medical practitioner under section (a)
above will be made available to the Vice-Chancellor and to the staff member.
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If the medical examination reveals that the staff member is unable to perform
his/her duties and is unlikely to be able to resume them within a reasonable period, being not less
than 12 months, the Vice-Chancellor may, subject to section (f) below, terminate the employment
of the staff member in accordance with the notice required by the staff member's contract of employment
or where no notice is specified, a period of six months. Prior to taking action to terminate the
employment of a staff member, the Vice-Chancellor may offer the staff member the opportunity to submit
a resignation and if such a resignation is offered, will accept it forthwith and not proceed with action
to terminate employment.
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A staff member (or person acting on their behalf) may request that the findings
of the medical examination referred to in section (e) above be confirmed by a second medical practitioner
in accordance with section (g) below. Such a request must be received by the Vice-Chancellor within
14 days of the medical report being made available to the staff member.
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If such a request is received, the Vice-Chancellor will not terminate the employment
of the staff member unless and until the findings of the report are confirmed by a second medical practitioner
appointed by the University.
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This second practitioner will not be the practitioner who made the initial report.
Every effort will be made to appoint the second practitioner no later than seven days from the
staff member's request being received by the Vice-Chancellor.
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In making an assessment as to whether or not a staff member is unable to perform
his/her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner,
as far as possible, will apply the same definitions of permanent incapacity as contained in the trust
deeds of the staff member's superannuation scheme, if any, in determining qualification of a disablement
pension or other similar benefit.
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These provisions will not displace or override any provisions in existing workers'
compensation schemes or awards whether State or Federal (including WorkCover) or the provisions contained
in any workers compensation legislation that may be enacted.
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The Vice-Chancellor may construe a failure by a staff member to undergo a medical
examination in accordance with these procedures within three months of a written notification to do
so as establishing that such a medical examination would have found that the staff member is unable
to perform his/her duties and is unlikely to be able to resume them within 12 months. In such
circumstances, the Vice-Chancellor may act accordingly provided that such a refusal by a staff member
in these circumstances will not constitute misconduct or serious misconduct nor lead to any greater
penalty or loss of entitlements than would have resulted from an adverse medical report.
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Payment in lieu of the notice prescribed above may be made by agreement between
the staff member and the University.
In calculating any payment in lieu of notice, the salary that a staff member would have received
in respect of ordinary time the staff member would have worked during the period of notice, had the
staff member's employment not been terminated, will be used.
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7.12.4 Delegation of process issues
Despite any reference to the Vice-Chancellor throughout this policy, the Vice-Chancellor may, at any
time, direct that process issues be delegated to another senior officer of the University.
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Related Documents
QUT Employee Collective Agreement (Senior Staff) 2009-2012
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Modification History
|
Date |
Sections |
Source |
Details |
07.09.09 |
All |
Vice-Chancellor |
Policy revised to reflect provisions of the Employee Collective Agreement (Senior Staff) 2009-2012 |
|
06.07.05 |
All |
Vice-Chancellor |
New policy resulting from Certified Agreement Senior Staff 2005-2008 |
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