How long can an employee stay on long term sick?
How long can an employee stay on long term sick?
Employees are usually considered to be ‘long-term sick’ when they’ve been off work for four weeks or more. The four weeks don’t have to be continuous — periods can be linked if they last at least four days and are eight weeks apart or less.
Can a dismissal be based on medical grounds?
If it is established, that a dismissal is prohibited by Workers Compensation legislation, or is otherwise unlawful, this fact is a relevant consideration in determining whether there was a valid reason for dismissal.
When does an employer have the right to deem an employee dismissed?
On appeal, however, the Labour Appeal Court held that the first inquiry should have been whether the employer had properly invoked s 17 (3) of the PSA to ‘deem’ the applicant dismissed. A deemed dismissal can only occur if an employee is absent from work without permission for a period exceeding one calendar month.
When does a deemed dismissal go into effect?
Since the deemed dismissal takes effect by operation of law, the jurisdictional requirements prescribed by s 17 (3) of the PSA must be met before an employee can be said to be dismissed. The applicant had not reported for duty during this period.
Can a person be fired on medical grounds?
As a Workers Compensation and Employment Lawyer, I regularly come across clients, who have had their employment terminated, on medical grounds, or more accurately an incapacity to work due to a medical condition. Loss of employment can create financial upheaval.
What should you do if an employee is dismissed due to illness?
Dismissal is a last resort and you should consider as many ways as possible to help the employee back to work, including: getting a medical report from their GP with the employee’s permission – they have the right to see the report before you do
If it is established, that a dismissal is prohibited by Workers Compensation legislation, or is otherwise unlawful, this fact is a relevant consideration in determining whether there was a valid reason for dismissal.
On appeal, however, the Labour Appeal Court held that the first inquiry should have been whether the employer had properly invoked s 17 (3) of the PSA to ‘deem’ the applicant dismissed. A deemed dismissal can only occur if an employee is absent from work without permission for a period exceeding one calendar month.
Since the deemed dismissal takes effect by operation of law, the jurisdictional requirements prescribed by s 17 (3) of the PSA must be met before an employee can be said to be dismissed. The applicant had not reported for duty during this period.