RMIT University Academic and Professional Staff Enterprise Agreement 2014


58. Termination of employment on grounds of ill health

58.1

The Vice-Chancellor may require, in writing, any employee whose capacity to perform the duties of her or his office is in doubt to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University.

58.2

The Vice-Chancellor may require an employee to undertake a medical examination within one month of written notice. Where the employee elects to apply to the employee'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 clause 58.1 hereof will lapse forthwith and no further action will, subject to clause 58.3 hereof, be taken by the Vice-Chancellor under this clause.

58.3

Where the superannuation fund decides that the employee, following a period of receipt of a 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 clause without further recourse to the provisions of clause 58.2 above.

58.4

The employee will provide consent for a copy of the medical report made by the medical practitioner pursuant to clause 58.1 above to be made available to the Vice-Chancellor and to the employee.

58.5

If the medical examination reveals that the employee is unable to perform her or his duties and is unlikely to be able to resume them within a reasonable period, being not less than twelve (12) months, the Vice-Chancellor may, subject to clause 58.7 hereof, terminate the employment of the employee in accordance with the notice required by the employee's contract of employment or where no notice is specified a period of six (6) months. Prior to taking action to terminate the employment of a employee, the Vice-Chancellor may offer the employee 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.

58.6

If within 14 days of the report being made available, and if the employee or a person acting on their behalf so requests, the Vice-Chancellor will not terminate the employment of the employee in accordance with clause 58.5 hereof unless and until the findings of the report are confirmed by a panel consisting of three medical practitioners, one of whom will be appointed by the University, one by the employee or by a person acting on her or his behalf, and one by the President of the Victorian Branch of the Australian Medical Association. The Panel will not include the practitioner who made the initial report.

58.7

In making an assessment as to whether or not an employee is unable to perform her or his duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner or panel of medical practitioners appointed pursuant to this clause will as far as possible apply the same standards as are used by the employee's superannuation scheme, if any, in determining qualification for the payment of a disablement pension or other similar benefit.

58.8

These provisions will not displace or override any existing workers compensation schemes, including WorkCover, or the provisions contained in any workers compensation legislation that may be enacted.

58.9
The Vice-Chancellor may construe a failure by an employee to undergo a medical examination in accordance with these procedures within three months of a written notification to do so as prima facie evidence that such a medical examination would have found that the employee is unable to perform her or his duties and is unlikely to be able to resume them within twelve (12) months, and may act accordingly; provided that such a refusal by an employee in these circumstances will not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report.

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