Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 168

168 .         Dismissal of injured worker

        (1)         In this section —

        employment obligation period has the meaning given in section 166(1).

        (2)         The employer of an injured worker must not, during the employment obligation period for the worker, dismiss the worker solely or mainly because the worker is totally or partially incapacitated for work.

        Penalty for this subsection: a fine of $10 000.

        (3)         Without limiting subsection (2), the employer of an injured worker must not, during the employment obligation period for the worker, dismiss the worker for any reason unless the employer has given to the worker in accordance with subsection (4) a notice of intention to dismiss the worker.

        Penalty for this subsection: a fine of $10 000.

        (4)         A notice of intention to dismiss a worker must —

            (a)         be given to the worker at least 28 days before the dismissal takes effect; and

            (b)         be in the approved form.

        (5)         This section does not affect any other right or obligation of a worker or employer under this Act or any other written law.



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