New South Wales Consolidated Acts

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WORKERS COMPENSATION ACT 1987 - SECT 244

Presumption as to reason for dismissal

244 Presumption as to reason for dismissal

(cf IR Act, s 95)

(1) In proceedings for a reinstatement order under this Part it is to be presumed that the injured worker was dismissed because he or she was not fit for employment as a result of the injury received.
(2) That presumption is rebutted if the employer satisfies the Industrial Relations Commission that the injury was not a substantial and operative cause of the dismissal of the worker.



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