University of Adelaide Enterprise Agreement 2010-2013

Download a full printable version of the University of Adelaide Enterprise Agreement 2010-2013.

6.6 Incapacity to Perform Duties

6.6.1 If your capacity to perform your duties is in doubt, the University may require, in writing, that you undergo a medical examination by a medical practitioner chosen by, and at the expense of, the University. The University will provide you with written notice of not less than eight (8) weeks that a medical examination is required.

6.6.2 If you are required to undergo a medical examination, the report of the examination will be made available to you and the Deputy Vice-Chancellor/Vice-President.

6.6.3 The medical examination will determine whether you are able to perform your duties based on:

a) your ability to resume your normal duties within the next 12 months; and
b) the same standards used by your superannuation fund to determine incapacity as far as possible.

6.6.4 If the medical examination determines that you are not able to resume your normal duties within 12 months, the Deputy Vice-Chancellor/Vice-President may recommend to the Vice-Chancellor that your employment be terminated.

6.6.5 Within 10 working days from the date you are advised of the Deputy Vice-Chancellor/Vice-President‘s recommendation you may request a review of the medical examination. Pending the outcome of the review, the University will defer any action to terminate your employment.

6.6.6 The review of the medical examination will be undertaken by a Panel comprising three (3) medical practitioners.

6.6.7 The Panel members will be:

a) One jointly agreed by the Chair and Deputy Chair of the JCC,and;
b) One nominated by the Chair of the JCC; and
c) One nominated by you and/or your representative.

6.6.8 The Panel will not include the medical practitioner who made the initial examination.

6.6.9 The Panel‘s determination will be forwarded to the Vice-Chancellor, you and your representative, within five (5) working days of the Panel's final meeting.

6.6.10 At any time in the proceedings, up to a notification from the Vice-Chancellor to terminate your employment, you may apply through your superannuation fund for temporary incapacity or permanent disablement benefit. Such an application will suspend any termination provisions under this clause, subject to the outcome of the superannuation fund assessment.

6.6.11 Termination of employment may occur in the following circumstances; where:

a) you do not comply with the written request to undertake a medical examination within eight (8) weeks of receiving it; or
b) you do not seek a review of the medical examination which has resulted in the recommendation to terminate employment; or
c) you have applied and not been accepted for incapacity/disablement by your superannuation fund in accordance with clause 6.6.10, of this Agreement.

6.6.12 Where your employment is terminated in accordance with clause 6.6.11 of the Agreement, you will be provided with six (6) months notice of your termination of employment.

6.6.13 The provisions of this clause will not displace or override any existing workers compensation schemes or awards whether state or federal, including WorkCover, or the provisions contained in any workers compensation legislation, which may be enacted.

top

Back to menu