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My employer has asked me if I have ‘capacity’. What does this mean?

August 28, 2023 By Morgan Couzens Legal

An employer might ask an employee about their “capacity” in a few situations. If your employer has not been clear what they mean, you might need to seek clarification.

  1. Your employer might be referring to necessary skills, required to perform the duties of your position. 
  2. Your employer might be referring to physical or mental capacity. This might be lifting to a certain level of weight or to perform specific duties requiring a level of physical fitness.
  3. Your employer might be referring to your health and well-being and whether you are well enough to attend for work and productively engage in work. 

If your employer is concerned about your skills, then they should give you clear instructions as to their expectations and assist you with training or mentoring to improve your skills. 

If your employer is concerned about your physical capacity or health, this might be because you have suffered an injury previously or have some kind of limitation. In that case, your employer might ask you to attend for a medical appointment. If your employer asks you to attend a medical appointment, you should ask your employer for their reasons and who will be paying. 

If your employer has questioned your capacity and you have any concerns, please feel free to contact us on (03) 5722 4681 for more information. 

MORGAN COUZENS LEGAL

 


The information provided in this blog is produced for guidance purposes only and is not legal advice. The information contained in this blog is based on the current state of the law at the time of writing. The law may have changed since this blog was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any blog produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.

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