Medical Conditions Affecting Performance

 60 Medical Conditions Affecting PerformanceWork Capacity 

60.1 Preliminary Matters 

The University may, at any time, request an employee to provide appropriate medical information and/or advice from their treating medical practitioner where there are concerns regarding thean employee’s fitness for duty. 

60.2 Independent Medical Examination 

a. The Where an employee’s capacity to perform the duties of their position is in doubt, the Relevant Senior ExecutiveChief Human Resources Officer may direct, in writing, the an employee, in writing, to undergo medical examinations by an appropriately qualified medical practitioner(s) chosen by the University and engaged at the expense of the University, in circumstances where the University holds concerns regarding, but not limited to: 

(i) the employee’s capacity to perform the duties of their position; 

(ii) the employee’s attendance at work; 

(iii) workplace adjustments which have been recommended by an employee’s treating medical practitioner; or 

(iv) the University’s ability to provide a safe workplace for the employee and/or other employees or members of the University community. 

b. The University may also direct an employee to attend an independent medical examination under clause 60.2(a) in circumstances where the employee does not provide consent for the University to seek medical information and/or advice from their treating medical practitioner in accordance with clause 60.1. 

a.c. . Where more than one consultation examination is required, it is not necessary for the Relevant Senior ExecutiveChief Human Resources Officer to provide an employee with separate written requests for each examination. 

d. 60.2 The Relevant Senior ExecutiveChief Human Resources Officer will provide an employee with a minimum of 1 monthweek’s written notice (or less where agreed) that a medical examination is required. A copy of this clause and the relevant policy and procedures will be provided to the employee. 

e. Actions under clauses 60.2(a) or (b) constitute lawful and reasonable directions and do not require the employee’s consent. 

f. An employee may resign at any time during the process set out in clause 60. The resignation will be accepted by the Chief Human Resources Officer, the process will cease, and the employee’s employment will cease immediately.  

60.1

b.g. 60.3 Where the employee makes an application to their superannuation fund for ill health retirement or temporary disability benefit prior to the medical examination(s), the employee cannot be required to attend a medical examination(s) in accordance with clauses 60.2(a) or (b) clause until one of the following occurs: 

(i) for a member of UniSuper, QSuper, or other registered Superannuation Fund after the payment of the temporary disability benefit ceases; 

(ii) for a member of The University of Queensland Superannuation Plan after 2 years of receiving a disability benefit; or 

(iii) the superannuation fund determines that the person is ineligible under the rules of the fund to receive a temporary disability benefit (this does not apply in circumstances where the employee is on sick leave but has not reached the expiry of the 3 months qualifying period or such period of paid sick leave as the fund requires). 

60.4 The Relevant Senior Executive may only direct an employee to attend a medical examination(s) where the capacity of the employee to perform their duties remains in doubt. 

h. 60.5 A copy of the medical report will be provided to the employee unless the independent medical advice practitioner recommends otherwise. The medical report will remain the property of the University and will be retained on the employee’s confidential staff file. 

60.260.3 Outcome of Independent Medical Examination 

60.6 If the medical examination states reveals that the employee is unable unfit to perform their duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months from the date of the independent medical examination, the Relevant Senior ExecutiveChief Human Resources Officer may: 

(i) direct that a redeployment search commence for the employee either to a commensurate position at the same classification level or a position at a lower classification level with salary maintenance for 3 months. If the University is unable to redeploy the employee the provisions of clause 73 apply; or 

(ii) terminate the employment of the employee in accordance with the notice required by in clause X (Notice Periods – Continuing Academic and Professional Employees) or clause X (Notice Periods – Fixed-Term Employees) or by the employee’s contract of employment or this Agreement. 

b. 60.7 If the University is unable to redeploy the employee in accordance with clause 60.3a a., the employment of the employee will be terminated in accordance with the notice required in clause X (Notice Periods – Continuing Academic and Professional Employees) or clause X (Notice Periods – Fixed-Term Employees) or in the employee’s contract of employment. 

60.4 Panel Review

a. Prior to taking action to terminate the employment of an employee in accordance with clause 64.6(b), the Relevant Senior Executive may offer the employee the opportunity to submit their resignation and, if such a resignation is offered, will accept it and not proceed with action to terminate employment. 

a. 60.8 Where an employee does not accept the findings of the medical report and where the employee has contrary medical evidence that they are either able fit to perform their duties, or likely to be able fit to resume their duties within a period of no more than 12 months from the date of the independent medical examination, they may request the report be confirmed by a panel.  

b. The panel will: 

(i) The panel will consist of 3 medical practitioners, one of whom will be appointed by the University, one by the employee or by a person acting on their behalftheir Representative, and one by the President of the State Branch of the Australian Medical Association; and.  

(i) The Panel will not include the practitioner who made the initial report.  

b.c. Any request to convene the panel must be received from the employee or their nominated Representative as soon as practicable and no later than 25 working days after the date the employee is provided with of receipt of the medical report. 

d. 60.9 Where an employee or their Representative requests that a panel be convened, the Relevant Senior ExecutiveChief Human Resources Officer will suspend any redeployment search and will not terminate the employee's employment in accordance with this clause, until the findings of the panel are received. 

e. The panel will assess whether or not the employee is fit to perform their duties, or likely to be fit to resume their duties within 12 months of the independent medical examination. 

e.f. Where the panel determines that the employee is not fit to perform their duties, or unlikely to be fit to resume their duties within 12 months of the independent medical examination, the Chief Human Resources Officer will act in accordance with clause 60.3(b). 

60.3 60.10 The Relevant Senior Executive may construe failure by an employee to undergo a medical examination in accordance with these processes as prima facie evidence that such a medical examination would have found that the employee is unable to perform their duties and is unlikely to be able to resume them within 12 months. In this circumstance the Relevant Senior Executive 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. 

60.4 60.11 The provisions in this clause will not displace or over-ride any workers’ compensation schemes or relevant legislation either State or Commonwealth. 

60.5 60.12 Subsidiary Matters 

a. The Chief Human Resources Officer may construe fFailure or refusal by an employee to undergo a medical examination in accordance with these processes as prima facie evidence that such a medical examination would have found that the employee is unfit to perform their duties and is unlikely to be fit to resume them within 12 months from the date of the scheduled independent medical examination. In this circumstance the Chief Human Resources Officer may act in accordance with clause 60.3(b), provided that such a failure or 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. 

b. The provisions in this clause will not displace or over-ride any workers’ compensation schemes or relevant legislation either State or Commonwealth. 

a.c.An employee who receives a temporary disability benefit from the superannuation fund will not accrue leave entitlements during this period. 

b.d.Where the employee’s a superannuation fund approves determines an employee to receive is a permanently disability benefitdisabled, the University will be entitled to consider that the employee’s employment has ceased. 

60.13 Work Health and Safety Concerns 

Nothing in this Agreement will restrict any right the University may have to direct an employee to attend a medical appointment where there are genuine work health and safety reasons for doing so.