Employer gets dismissal for medical incapacity all wrong...

An employee has succeeded in his personal grievance claim for unjustified dismissal after his employer stuffed up the process.

The employee suffered a serious heart complaint and was put off work by his doctors for at least three months.  His dismissal for incapacity was held to be unjustified by the Employment Relations Authority because his employer:

(i)            Said it would meet with him to discuss its decision but failed to do so;

(ii)   Said it could not wait for his return because of the work pressures but failed to replace him;

(iii)  Failed to consider him for light duties as required by his employment agreement.

Even if it appears at first glance that a case is open and shut it is still important to properly investigate and follow a fair process.  A failure to do so here cost the employer $18,500 for lost wages and compensation.

 

Alan Knowsley