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employment

Returning to work on light duties after an injury

Key Takeaway

In New Zealand, returning to work on light duties after an injury involves obligations of good faith from both employers and employees. Employers must consider providing modified duties or roles, supported by medical advice, while ensuring health and safety. Accident Compensation Corporation (ACC) often assists with rehabilitation and compensation. Discrimination based on injury-related disability is prohibited.

Returning to Work on Light Duties After an Injury in New Zealand

When an employee in New Zealand sustains an injury, returning to work often involves a period of working on 'light duties'. Light duties refer to modified tasks, reduced hours, or altered work environments that accommodate an employee's temporary or permanent physical or mental restrictions as assessed by a medical professional. This process is governed by several key pieces of New Zealand legislation, focusing on rehabilitation, health and safety, and fair employment practices.

Core Legal Principles and Obligations

1. Good Faith Obligations

Both employers and employees have an obligation to deal with each other in good faith [Source: Employment Relations Act 2000, s 4]. In the context of returning to work after an injury, this means that both parties must be open, honest, and actively engaged in discussions about rehabilitation and modified work arrangements. This includes providing relevant information, considering proposals, and cooperating with rehabilitation efforts.

2. Health and Safety Duties

Employers, referred to as Persons Conducting a Business or Undertaking (PCBUs), have a primary duty to ensure, so far as is reasonably practicable, the health and safety of their workers [Source: Health and Safety at Work Act 2015, s 36]. This duty extends to managing risks associated with an employee returning to work after an injury. It includes assessing the workplace and tasks, and making changes to prevent re-injury or exacerbation of the existing injury. Workers also have a duty to take reasonable care for their own health and safety and to comply with reasonable instructions [Source: Health and Safety at Work Act 2015, s 45].

3. Accident Compensation Corporation (ACC) Support

The Accident Compensation Act 2001 (ACA) establishes New Zealand's no-fault accident compensation scheme. ACC's role includes supporting injured individuals through rehabilitation to help them return to an independent life, including returning to work [Source: Accident Compensation Act 2001, Part 4].

  • Medical Clearances: Medical practitioners provide assessments of an injured person's capacity for work and any recommended restrictions or modifications to duties [Source: Accident Compensation Act 2001, s 70(3)].
  • Rehabilitation Programmes: ACC may fund or assist with vocational rehabilitation services, workplace assessments, and workplace modifications to facilitate a safe return to work [Source: Accident Compensation Act 2001, ss 69, 72].
  • Compensation for Loss of Earnings: If an employee's earnings are reduced due to their injury and inability to perform their full pre-injury duties, ACC may provide weekly compensation to cover a portion of their lost earnings [Source: Accident Compensation Act 2001, s 102]. This compensation may be adjusted based on the earnings received while on light duties.

4. Non-Discrimination

The Human Rights Act 1993 prohibits discrimination on various grounds, including disability [Source: Human Rights Act 1993, s 21(1)(h)]. A 'disability' can include a physical or psychiatric illness or injury. An employer must not discriminate against an employee returning from an injury by, for example, unfairly dismissing them or refusing them light duties, unless providing accommodations would cause 'unjustifiable hardship' to the employer [Source: Human Rights Act 1993, s 28]. This means employers are generally expected to consider making reasonable accommodations to enable an employee with a disability to return to work.

Key Aspects of Returning to Work on Light Duties

  • Medical Advice: A medical professional's assessment is fundamental. The employer should request, with the employee's consent, relevant medical information detailing the employee's capacity, restrictions, and proposed return-to-work plan.
  • Employer's Consideration: Employers are generally expected, under the duty of good faith and their primary duty of care, to actively consider and explore options for light duties or modified roles that align with the employee's medical advice. This often involves discussions between the employer, employee, and potentially ACC.
  • Employee's Cooperation: Employees are expected to cooperate with reasonable rehabilitation and return-to-work efforts and to provide accurate information about their condition and capacity [Source: Accident Compensation Act 2001, s 71(4)].
  • Workplace Modifications: Depending on the nature of the injury and the workplace, reasonable adjustments may be required to the work environment, equipment, or tasks to enable a safe and effective return to work.
  • Communication: Open and regular communication between the employer, employee, medical professionals, and ACC (if involved) is crucial for a successful and safe return to work.

When to Seek Independent Legal Advice

Individuals or organisations seeking to understand their specific rights and obligations regarding returning to work on light duties after an injury, particularly if a dispute arises or complex issues are involved, should consider seeking independent legal advice. Information can be obtained from official bodies such as the Ministry of Business, Innovation and Employment, or by contacting a lawyer or one of the many Community Law Centres available throughout New Zealand at Community Law Centres.

Key Resources