A lot has been written on the huge financial impact sickness, work place accidents and the like have on the business community. However, very little attention has been given to the effects a breakdown of marriage has on a person’s office productivity. Up to 40% of marriages now end in divorce, with the trend increasing. Accordingly, a very large percentage of the workforce is directly affected and involved. Indirectly, virtually everyone is involved in some way in the process, whether as a family member, confidante, or sympathetic work colleague.

There are the obvious and immediate effects to the business, such as absenteeism. Then there is the distraction of the staff member seeking support from within the office during those difficult times. Less obvious are the mistakes that are made due to being distracted, lack of motivation, sometimes for long periods of time, and lack of positive initiative. When a senior and valued executive is effected in this way, the effects on the organisation can be devastating. There are even instances where a separation of top level executives or proprietors has created doubts in the minds of all employees as to the long term viability of the business concerned, with the resultant debilitating consequences. The legal process of divorce proceedings can also be quite stressful. Several attendances at Court may be required as well as counselling in certain circumstances, particularly when children are involved.

Given the above, a concerned employer would observe that it is important to see that the process is carried through quickly and efficiently. Appropriate and sensitive support from the
organisation would be beneficial. At the very minimum, the staff member should obtain competent counselling and legal advice. Whilst legal action may not be contemplated and
indeed may not even be necessary, at least in this way many popular misconceptions regarding the ramifications of the separation can be disabused. If action is required for the
benefit of the employee, then it can be taken sooner rather than later. It is appreciated that different people react differently to the stress of a divorce. By pointing the person in the right direction, the prospects of a speedy recovery can be greatly enhanced. This is particularly so if the work environment provides sympathetic and positive support during these difficult times.

In our view, if your organisation has not yet given consideration to pro-actively providing assistance, it would be advantageous to do so. The message to the recipient is one of care
and concern for their welfare. For the organisation, the end result would be a speedier return to a balanced and settled work environment, with improved productivity. The Family Law
Department at Moores Legal is well aware of the need to ensure speedy and efficient service, conscious of the concept that “time is money” both for the organisation and for the
staff member concerned.

Personnel managers in your organisation may wish to give consideration to the possibility of contacting us to provide first consultation advice as part of their services to the staff. If there are any inquires in that regard, or regarding counselling and other support services, please do not hesitate to contact us.

Article By Peter Szabo, Principal, Moores Legal

Peter Szabo, is a Principal and member of Moores Legal’s Family Law Group. An acknowledged leader among Family lawyers throughout Australia and an Accredited Family Law specialist, Peter is particularly expert in handling financial issues and taxation/estate planning within property settlements. He was the key lawyer in the famous High Court case of Ascot Investments and Harper which remains the definitive case on third party rights in the Family Court. Peter is also experienced in international aspects of Family Law and is a member of the International Academy of Matrimonial Lawyers. Peter is engaged by clients, financial advisors and national financial planning institutions to assist with financial,
tax and estate planning strategies and how those strategies are affected by marital breakdown.
9 Prospect St, Box Hill Vic 3128 Telephone: (03) 9898 0000 Facsimile: (03) 9898 0333
Lvl 10, 350 Queen St. Melbourne Vic 3000
info@mooreslegal.com.au www.mooreslegal.com.au

DISCLAIMER This article is intended to provide general and useful information. However, it is not proposed to be comprehensive legal
advice. Readers are advised that before acting on any matters arising in this article they should seek specific legal advice about their
situation.

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By David Morris – Principal, Morris Legal (Sydney)

The management of injured workers requires employers to negotiate a legal minefield of anti-discrimination, workers’ compensation, unfair and unlawful dismissal and occupational health and safety laws.

Employers must be aware of the following prohibitions on terminating injured workers:

1. Termination due to a temporary absence due to illness or injury, i.e. where an employee is on an absence due to illness or injury of less than three months.
2. Termination that is harsh, unjust or unreasonable.
3. Termination on the grounds of disability.

Employers will be in a strong position to defend any claims from injured workers of unfair dismissal or dismissal on grounds of disability, if they take into account the following:

• Whether serious attempts were made to rehabilitate the injured worker;
• Whether the employer provided light duties to the worker;
• Whether the employer has made serious attempts to identify alternative work (either inside or outside the employer’s business) which the worker was capable of performing;
• Whether the employer obtained proper and reliable advice from qualified medical and rehabilitation providers;
• Whether the employer adopted a process of regularly speaking with the worker about the injury, the prospects of the worker returning to work and the worker’s ongoing rehabilitation;
• Whether the employer raised with the worker the possibility of dismissal before making the final decision and gave the worker an opportunity to discuss the matter; and
• Whether a proper assessment of the worker’s limitations was made having regard to the inherent requirements of the worker’s job.

TIPS ON MANAGING INJURED EMPLOYEES

• Comply with an injury management plan where relevant.
• In order to determine whether an injured employee is able to fulfil the inherent requirements of their position, make an assessment of what work the employee is able to do in light of any medical restrictions. This will involve obtaining a report from a medical practitioner, setting out the type of work the employee can or cannot do.

• • The medical report must be up to date.
  • Ideally the medical report should be from the employee’s treating doctor and suitable questions should be put to the doctor to elicit appropriate information about the type of work the employee is able to do.

• Once the medical evidence is received, undertake a comparison of what duties the employee is able to perform against the position(s) available at the workplace.

• Ascertain whether, in any such position, the injured worker would pose a risk to the health, safety and welfare of employees or other persons at the workplace.
• If there are any suitable positions, then the employee should be offered the position.
• If there are no suitable positions available, then the employee should be advised that:

• • In light of the employee’s capacity to work there are no suitable positions available;
  • Unless the employee is able to return to his/her pre-injury position within a reasonable period of time then the position cannot be held open;
  • If the position cannot be held open, the employment will terminate at a specified time in the future;
  • The employee should be invited to provide a response or suggest alternatives to termination of employment.

• The injured worker should be given a proper opportunity to recover from the injury.

• Rehabilitation and/or supernumerary duties must be carefully monitored and not drawn out over a significant period of time.
• Keep accurate and easily accessible records and file notes of all aspects of rehabilitation.
• Obtain legal advice before terminating the employee’s employment.