The Employer objected to a Case Manager's decision finding that it breached its re-employment obligation by terminating the Worker's employment.
The Worker had sustained a compensable bilateral arm injury and was terminated approximately 18 months later.
The Employer argued its re-employment obligation had expired and that the termination was for cause due to attendance and behavioural issues.
The Appeals Resolution Officer found the re-employment obligation was still in effect because the Worker was not medically able to perform the essential duties of their pre-injury work.
The Officer also found the termination was related to the workplace injury, noting the Employer failed to follow its own progressive discipline policy and terminated the Worker shortly after their recovery proved protracted.
The Employer's objection was denied.
