Results 1 to 4 of 4

Thread: TB issue

  1. #1
    Full Member
    Join Date
    Aug 2014
    Cape Town
    Thanked 2 Times in 2 Posts

    TB issue

    Hi all,

    How do you handle prolonged absence due to medical illness? For example somebody being diagnosed as having TB and going to be off for 6 months? You cannot likely keep the position open for him, as his work needs to be done. You cannot appoint somebody permanently if you plan to take this guy back after 6 months, and you are likely going to let a good guy go, just because a employee (who was useless before leaving) is now healthy...

  2. #2
    Bronze Member
    Join Date
    May 2010
    Thanked 39 Times in 26 Posts
    Hi Hannes,

    There is some good info on this thread.

    Usually the staff member is ok to come back to work after 2 weeks of being on treatment,depending on how badly they are affected.

  3. #3
    Full Member
    Join Date
    Aug 2014
    Cape Town
    Thanked 2 Times in 2 Posts
    I saw that on the labourguide website. But this employee had a medical certificate booking him off for 6 months!!

    Surely I can't be expected to keep a position open for that long?

    You see there is two issues here:

    1. This guy needed to get paid. With a six month absence that couldn't happen.
    2. I needed someone to fill the position...

    So I spoke to the RMI's labour department and they suggested he collect UIF. Now the guy is gone to the union saying we dismissed him without a hearing and without him knowing...but it was a mutual agreement (and no I don't have a resignation in writing)...

  4. #4
    Platinum Member's Avatar
    Join Date
    Oct 2009
    Thanked 551 Times in 400 Posts
    Blog Entries
    Ill Health has specific requirements.
    the code of conduct is a useful guide.
    TB also has specific guidelines.

    Ill health in a nutshell -
    Employer should seek to accommodate.
    factors to consider:
    How long will employee be away?
    What position?
    The possibility of filling the position on a temporary basis.

    First - NO OWRK NO PAY - sick leave can be used.
    If he is not a good worker is a separate issue (this requires constant work performance monitoring and process).
    In terms of type of position - the company must take reasonable steps to accommodate.
    As an example, if my driver is away for 3 months, filling the position with a temporary person is generally easy.
    If my financial director will be off for 4 months, it will not be easy to find a temporary replacement. A temp or consultant company may be considered, but cost could be unreasonable.

    The replacement employee should be employed on a contract that is dependent upon the return of the individual.

    Where the return time cannot be predicted, then the type of job, position, ease of replacing will be overriding factors.
    A dismissal for ill health could be deemed automatically unfair.
    It also can be regarded as discrimination.
    Anthony Sterne
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  5. Thanks given for this post:

    Dave A (16-Dec-15)

Similar Threads

  1. labour issue
    By murdock in forum Labour Relations and Legislation Forum
    Replies: 8
    Last Post: 28-Sep-15, 04:23 PM
  2. [Question] Wireless issue
    By Fredster in forum Technology Forum
    Replies: 35
    Last Post: 04-Mar-15, 06:46 AM
  3. Age an issue?
    By pmbguy in forum General Chat Forum
    Replies: 15
    Last Post: 17-May-13, 02:51 PM
  4. The BEE issue
    By Fanie in forum BEE and Employment Equity Forum
    Replies: 62
    Last Post: 18-Apr-11, 12:45 PM
  5. first issue
    By murdock in forum General Chat Forum
    Replies: 11
    Last Post: 03-Jan-11, 04:46 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts