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Incapacity Handbook
32.2 Ability to Earn in Suitable Employment - S19(4)
- 32.2.1 Summary - The nature of Suitable Employment
External
(Note: discussed at chapter 12)
'Suitable employment' is defined in S4(1) of the SRCA.
Section 40 of the SRCA is also relevant in that it places a duty on the employer to 'take all reasonable steps to provide the employee with suitable employment or to assist the employee to find such employment'. Section 40 infers an obligation on the Commonwealth even though the employee may no longer be employed by the Commonwealth.
The application of this definition of suitable employment is discussed at length at chapter 12.
Note that the issue of what constitutes suitable employment in a particular case, should be resolved before considering the question of ability to earn.