DISMISSAL FOR ILL HEALTH

by | Jan 20, 2017 | 6 comments

Arbitrators will look at the following factors when deciding whether or not a dismissal for ill health was fair.

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6 Comments

  1. i was dismissed while i was admited in hospital the owners of my company sold it to. new boses when they came found me hospitalized for a week then i was suppose to show in on the 11th according to my sick noteso my manager on the the 10th send me a voice note not to come anymore they will look fo someone to replace me

    Reply
    • Based on these facts you have been unfairly dismissed. We suggest that you consult with someone near you who specialises in labour and employment law.

      Reply
  2. Hi
    A friend has worked for 15 years at a company in the bakery. She had developed a hernia and has an appointment with Government hospital for December.
    She took a letter from the Dr advising light duty so no carrying of heavy boxes.
    Her manager reported her to the business consultant and he put her in a performance counselling session, stating she should be paid half as she is not doing all her duties.
    She then brought a letter from Somerset Hospital and the Business consultant said the hospital cannot tell them what to do. He also advised her that when she goes for the operation they will not pay her, she must claim from UIF.
    I just feel that this is not right and am trying to help her.
    Please can you help her with some advise. She lives in Du Noon so she does not have the money to pay someone to represent her.

    Reply
    • If she is unable to fulfil all her duties due to her medical condition, the employer should make an attempt to accommodate her before considering termination employment due to medical incapacity – this could include negotiating and agreeing to a change to her terms and conditions of employment. She should be entitled to sick leave for the period of her hospitalisation and recovery (confirmed by a medical certificate). If she has exhausted her sick leave entitlement, she can claim illness benefits from the UIF.

      Reply
      • Hi l have a bad spinal back and had numerous operations and will be under going another hernia abdomen. The doctors have requested light duty. But the work after a year say there is no light duty in the kitchen. I received no documents stating light duty by HR. My doctor is busy compiling my medical report for the company. Until then they would like to dismiss me on poor absenteeism.

        Reply
        • I would suggest that you seek legal advice from an attorney near you who specialises in labour law.

          Reply

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