Providing suitable employment
Once an injured worker has some capacity to return to work, in most cases the employer must provide the injured worker with suitable employment. Suitable employment is employment which the worker is fit and able to complete and, as far as reasonably practicable, the same or similar to their pre-injury employment.
When considering suitable employment options the relevant factors which must be taken into consideration are the worker’s:
- capacity to work and previous employment
- age, education, skills and work experience
- place of residence
- medical history
- return to work plan obligations
- any other relevant information.
If you believe your employer has failed to make reasonable efforts to identify and offer you suitable employment in your workplace you can:
- submit a non-compliance referral form to ReturnToWorkSA, or
- apply to your employer in writing seeking suitable employment - refer to section 18 (3) of the Return to Work Act 2014; or if that fails,
- apply to the South Australian Employment Tribunal for an order that your employer provide suitable employment.
You can read our return to work compliance guidelines (DOCX, 614 KB) which contain information on suitable employment obligations and how issues are investigated and dealt with by ReturnToWorkSA.