Section 244 — Workers Compensation Act 1987 (NSW)

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.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 241 — Application to employer for reinstatement of dismissed injured worker
s 242 — Application to Industrial Relations Commission for reinstatement order if employer does not reinstate
s 243 — Order by Industrial Relations Commission for reinstatement
s 245 — Disputes as to fitness—medical assessment
s 246 — Continuity of service of reinstated worker
s 247 — Duty to inform replacement worker

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