Posts: inherent requirements

Where there are concerns about an employee’s capacity to work, it is prudent for employers to obtain medical advice confirming whether the employee can safely perform the inherent requirements of their role. This may include requiring the employee to undergo an independent medical examination.

If an employer is questioning the capacity of an ill or injured worker’s ability to fulfil the inherent requirements of their position, they may consider testing the legitimacy of an employee’s prognoses and medical advice. In these circumstances, the employer should be aware of their obligations to the employee and the potential consequences of failing to satisfy them.

If an employee is unable to meet the inherent requirements of their role due to illness or injury, it may be lawful for an employer to terminate their employment on the grounds of incapacity.

Within the general protections of the Fair Work Act 2009 (Cth) (FW Act), there is a protection afforded to employees who are temporarily absent from work because of an illness or injury.