Ill Health termination

[lsomething]

I am currently 48 and have work for this company for 25 years. I was diagnose with some condition. Normally I work shifts and now have to see a doctor 2 times a week. The company say they don't have a place for me now. I must take early retirement. Please advice

PS. My colleague was also fired because he had seizure (Epilepsy) at work. He had work for more 20 years also. Is there something I can do to help my friend. He was fired late last year.

[Greig Whitton]

The lawfulness of dismissing an employee due to ill health hinges on several different factors, so there is no one-size-fits-all correct answer. Contact the CCMA or a reputable labour attorney to discuss the merits of your case.

[Lourie1251]

Hi please help.if a lady has worked for a company (child day care centre) for nine years, she has receives a gov.pension and she is paid a monthly salary. She has being asked to leave after a months notice. Does she qualify for any pay out. No u.I.f was deducted or tax.

[Dave A]

She has being asked to leave after a months notice.

Why has she been asked to leave? Is it operational reasons (retrenchment) or some other reason?

[Lourie1251]

Unfortuinitly she was treated by a doctor for a medical problem and had a reaction to the medicine.
they believed that she should stop work and they would not listen to reason, she has never been off sick in the past in fact she is very fit for her age. Her position is to cook for the children.

[Dave A]

As Greig indicated above, these things can be complex.

The employee prepares food for children under the care of the employer. Are the children's health being put at risk?
The Basic Conditions of Employment Act provides for 6 weeks sick leave in a 3 year cycle. Has this statutory sick leave been used up?
If not, will she be fit for duty before it runs out?
What is the longer term prognosis?

[Greig Whitton]

The employee prepares food for children under the care of the employer. Are the children's health being put at risk?
The Basic Conditions of Employment Act provides for 6 weeks sick leave in a 3 year cycle. Has this statutory sick leave been used up?
If not, will she be fit for duty before it runs out?
What is the longer term prognosis?

To add to the list of factors to be considered ...

If the employee's ill health presents a risk to the children whose meals she prepares, can she be accommodated in a different position that won't present a health risk?
If there is no viable alternative position, can she be put on leave until her medical condition is resolved with a temporary cook appointed as an interim measure? (this of course depends on the longer term prognosis)

The bottom line is that employers can't just summarily dismiss someone for illness or injury. There is a thorough process that needs to be followed which includes medical diagnosis and consideration of alternative options. Dismissal is the option of last resort.