Suitable Duties Clause Samples
The Suitable Duties clause defines the types of work or tasks an employee may be assigned if they are unable to perform their usual duties, often due to injury or illness. In practice, this clause allows an employer to temporarily modify an employee’s role, such as assigning lighter tasks or alternative responsibilities that match the employee’s current capabilities. Its core function is to facilitate a safe and structured return to work, ensuring the employee remains productive while accommodating their health needs and supporting workplace rehabilitation.
Suitable Duties. 20.2.1 Suitable duties are duties (which may also be described as a role or position) which an excess employee could reasonably be expected to perform to a reasonable standard, within a reasonable period of time and with a reasonable level of training, education and/or other support.
20.2.2 Unless the employee agrees, or requests otherwise, duties which require some a variation to the excess employee’s full time or part time hours of work per week will not be considered to be suitable.
Suitable Duties. 1.13.2.1 Suitable duties are duties (which may also be described as a role or position) which an excess employee could reasonably be expected to perform to a reasonable standard, within a reasonable period of time and with a reasonable level of training, education and/or other support.
1.13.2.2 Unless the employee agrees, or requests otherwise, duties which require some a variation to the excess employee’s full time or part time hours of work per week will not be considered to be suitable.
1.13.2.3 Consideration for assignment of an excess employee to suitable duties will include the following:
i. due consideration to the employee’s personal circumstances;
ii. the distance from home to the workplace(s) (providing every effort is made so as not to require relocation of the employee’s household);
iii. any potential variation to existing starting and finishing times.
1.13.2.4 While the transfer of an excess employee to suitable duties does not require the agreement of the employee, every effort will be made to assign an excess employee to suitable duties by agreement.
1.13.2.5 A suitable role, duties or position may be at a lower classification/remuneration level than an employee’s current substantive classification level, providing the classification does not provide a salary of less than 75% of the employee’s substantive salary. Transfer of excess employees to duties, roles or positions with a lower classification/remuneration level should only be considered when other options provided for in the Public Sector Act and this Appendix have been exhausted.
Suitable Duties. 14.13.2.1 The duties to which an excess employee may be redeployed will only be considered suitable (unless the employee otherwise agrees) where:
i. The hours of work remain the same or similar;
ii. It is a reasonable distance/location from the employee’s residence to the new place of employment;
iii. There is a reasonable expectation that the excess employee will be able to perform the duties to a reasonable standard, within a reasonable period of time and with a reasonable level of training, education and/or other support; and
iv. There are no extenuating factors specific to the employee/worksite that would make it unreasonable for the employee to perform the ongoing permanent role.
14.13.2.2 As a minimum, the assessment of suitability will require the excess employee’s completed Support and Training Needs Assessment Template (incorporating transferable skills, knowledge and attributes) to be matched against a proper skills analysis/breakdown of the particular vacancy, and a considered deficit assessment and support, training and education bridging plan developed; all of which are required to be provided to the excess employee. Only then can these tests of reasonableness be made by the case manager, in consultation with excess employee, and the vacancy manager.
14.13.2.3 Excess employees are to be made aware that, while every effort will be made to secure duties with which they agree, they can be required to accept other duties, where the above assessment of suitability has been completed.
14.13.2.4 In that context, assignment of excess employees to duties with a lower classification/remuneration level is only to be considered when other options provided for in the Public ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and this clause have been exhausted. Suitable duties may be at a lower classification/remuneration level than an employee’s current substantive classification level, providing the classification does not provide a salary of less than 75% of the employee’s current salary.