Manual of Policies and Procedures

B/7.12 Termination of employment on medical grounds - senior staff

Contact Officer

Associate Director, Human Resources (Workplace Relations)

Approval Date

07/09/2009

Approval Authority

Vice-Chancellor and President

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
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 the University's senior staff.

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7.12.3 Procedures

  1. The Vice-Chancellor and President may require, in writing, any staff member whose capacity to perform their 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 their options regarding retirement or temporary disability pursuant to the rules of the relevant superannuation fund.

  2. The Vice-Chancellor and President 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 and President under this policy.

  3. 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 and President elects to dispute this decision, the Vice-Chancellor and President may proceed in accordance with this provision without further recourse to the provisions of section (b) above.

  4. A copy of the medical report made by the medical practitioner under section (a) above will be made available to the Vice-Chancellor and President and to the staff member.

  5. If the medical examination reveals that the staff member is unable to perform their duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice-Chancellor and President 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 and President 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.

  6. 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 and President within 14 days of the medical report being made available to the staff member.

  7. If such a request is received, the Vice-Chancellor and President 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.

  8. 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 and President.

  9. In making an assessment as to whether or not a staff member is unable to perform their 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.

  10. 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.

  11. The Vice-Chancellor and President 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 their duties and is unlikely to be able to resume them within 12 months. In such circumstances, the Vice-Chancellor and President 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.

  12. 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 and President throughout this policy, the Vice-Chancellor and President may, at any time, direct that process issues be delegated to another senior officer of the University.

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Modification History

Date

Sections

Source

Details

17.11.14 All Manager, Policy and Workplace Relations Editorial amendments to reflect the termination of the senior staff agrement

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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