51. TERMINATION OF EMPLOYMENT ON THE GROUNDS OF ILL-HEALTH – ACADEMIC STAFF

51.1 The Vice-Chancellor may require, in writing, any staff member whose capacity to perform the duties of his or her office is in doubt to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University.

51.2 The Vice-Chancellor shall provide the staff member with reasonable written notice which shall be not less than four weeks save in exceptional circumstances 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 under clause 51.1 shall lapse forthwith and no further action shall, subject to clause 51.3, be taken by the Vice-Chancellor under this clause.

51.3 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 51.2.

51.4 A copy of the medical report made by the medical practitioner pursuant to clause 51.1 shall be made available to the Vice-Chancellor and to the staff member.

51.5 If the medical examination reveals that the staff member is unable to perform his or 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 51.6, 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 (6) 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, if such a resignation is offered, shall accept it forthwith and not proceed with action to terminate employment.

51.6 If within 14 days of the report being made available the staff member or his/her chosen Representative requests, the Vice-Chancellor shall not terminate the employment of the staff member in accordance with clause 51.5 hereof unless and until the findings of the report are confirmed by an independent specialist appointed by the Vice-Chancellor with the agreement of the President of the Monash University NTEU Branch (or delegate).

51.7 In making an assessment as to whether or not a staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner appointed pursuant to this clause shall as far as possible apply the similar standards as are required to undertake the work of an academic having regard to the operation of the staff member's superannuation scheme.

51.8 Nothing in this clause prevents a staff member from accessing workers’ compensation for work related injuries.

51.9 The Vice-Chancellor may construe a failure by a staff member to undergo a medical examination in accordance with these procedures within a reasonable time after a written notification, which shall be not less than two months, save in exceptional circumstances, as prima facie evidence that such a medical examination would have found the staff member unable to perform his or her duties and 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.

51.10 The provisions of this clause shall not apply to casual staff members.