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Monash University

50. Termination of Employment on the Grounds of Ill-health - Academic Staff

50.1 The Vice-Chancellor may require any staff member whose capacity to perform the duties of his/her office is in doubt to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University. A copy of the medical report shall be made available to the Vice-Chancellor.

50.2 The Vice-Chancellor willprovide a staff member with written notice of not less than two months that a medical examination is required. Where the staff member elects to apply to the staff member'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 will lapse and subject to clause 50.3 below, no further action will be taken by the Vice-Chancellor.

50.3 Where the superannuation fund decides that the staff member, 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 50.2.

50.4 If the medical examination reveals that the staff member is unable to perform his/her duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice-Chancellor may, subject to clause 50.5, terminate the employment of the staff member in accordance with the notice required by the staff member's contract of employment or where no notice is specified, a period of six months. Prior to taking action to terminate the employment of a staff member, the Vice-Chancellor may offer the staff member the opportunity to submit a resignation and will accept a resignation if offered by the staff member.

50.5 If within 14 days of the report being made available, the staff member or his/her Representative so requests, the Vice-Chancellor will not terminate the employment of the staff member in accordance with clause 50.4unless 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 staff member or by a person acting on his/her behalf, and one by the President of the State Branch of the Australian Medical Association. The Panel will not include the practitioner who made the initial report.

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

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

50.8 The Vice-Chancellor may construe a failure by a staff member 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 staff member is unable to perform his/her duties and is unlikely to be able to resume them within 12 months, and may act accordingly. Provided that such a refusal by a staff member 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.