What are the Inherent Requirements of the Job? (NAT)

A tricky situation!

Consider the following situation:

• One of your employees, Peter has a car accident; he injures his back.
• His doctor says he can no longer lift more than 5kg.
• Peter’s job is to load and unload construction materials from trucks.

What should you do? Can you dismiss Peter?

Although there are no clear cut solutions, it may be worthwhile considering what the inherent requirements of the job are and whether Peter (in this case) can still fulfil them.

Are you discriminating?

When deciding whether to hire or fire someone it is important to make sure that there is no discrimination during that process.

It is against the law to discriminate against a potential or current employee on the basis of things such as physical appearance, race, gender, age, disability or physical impairment.

However an inability to perform the inherent requirements of the job may form a valid reason for not hiring a potential employee or dismissing a current employee.

What are the inherent requirements of a job?

The inherent requirements of a job need to be determined on the basis of the particular circumstances; a job description is often useful as a starting point.

The inherent requirements of the job may include:
• the ability to perform the tasks or functions which are a necessary part of the job productivity and quality requirements;
• the ability to work effectively in the team or other type of work organisation concerned; or
• the ability to work safely.

Reasonable adjustment

Can a reasonable adjustment be made to the job so that the individual IS able to perform its inherent requirements?

In Peter’s case above, the employer will need to consider whether Peter’s duties can be modified so that he can perform his job. For example, a lift may be able to be attached to the truck to assist in the unloading of the trucks.

Such adjustments might include adjustments to facilities, equipment, work practices or training. The adjustment must be made UNLESS it would impose unjustifiable hardship on the employer or other affected parties

Unjustifiable hardship is not restricted to financial hardship but includes consideration of any relevant detriment or benefit, including risks to health and safety.

In relation to oocupational health and safety a reasonable adjustment might involve changes to make work safer for all employees. For example, safer manual handling practices, or substitutes for manual handling.

You are not discriminating against an injured or disabled employee by refusing to provide expensive workplace modification. However you should make sure you investigate alternatives that might deliver the same results.

For more information contact your Workplace Advisor on 1300 650 620