Common use of Medical Retirement Clause in Contracts

Medical Retirement. (a) The Ministry may elect to medically retire an employee if in the opinion of the Ministry the employee is medically unfit for work and it is reasonably unlikely that the employee will be able to return to work within a reasonable period, having regard to the operational requirements of the Ministry and the need to fill the position. (b) Before such an outcome is considered the Ministry may require the employee to undergo and obtain, at the Ministry’s expense, an assessment and subsequent opinion from a registered medical practitioner. (c) On receipt of such an opinion the employee shall authorise that medical practitioner to release the results of that assessment to the Ministry, and the Ministry shall take into account any reports and recommendations made available to the Ministry as a result of that medical opinion, and any other relevant medical reports or recommendations that the Ministry may receive, or, which may be tendered to the Ministry by or on behalf of the employee. (d) The Ministry acknowledges that the employee may refuse to share the results of any assessment with the Ministry. Where the employee does not agree to undergo an assessment or share the results with the Ministry, the Ministry shall be entitled to make a decision on the employee’s fitness for work on the basis of the information available. (e) If the Ministry does consider that the employee is medically unfit for work and it is reasonably unlikely that the employee will be able to return to work within a reasonable period, having regard to the operational requirements of the Ministry and the need to fill the position, then the Ministry may terminate the employee’s employment with one month’s notice in writing. (f) In addition to one month’s notice under clause 2.4.1, the employee shall be paid 65 days salary or such higher amount as the Ministry considers appropriate in the circumstances.