Can you dismiss someone due to sickness?
An employer can dismiss you on the grounds of your ability to do the job because of long term sickness. Before they do this they should follow a fair disciplinary and dismissal process – usually this means following the Acas code.
What does it mean to be dismissed due to illness?
Dismissal due to illness. Dismissal due to capability may also include instances where the employer dismisses because the employee is no longer capable of doing the job they were employed to do because of illness. Occasionally an employee may have to leave your employment because of long-term ill health.
Can an employer dismiss an employee due to long term sickness?
Can an employer dismiss an employee due to long term sickness? It’s a common thought that Employers are expected to keep a sick employee’s job open indefinitely, however this is not the case – although it is necessary to follow a fair procedure to manage a long term absence situation.
Can a person be fired due to ill health?
There’s no straightforward way to let go of an employee due to ill health. There are five fair reasons to dismiss an employee, they are: Misconduct. Redundancy. Illegality. Capability. And other substantial reasons.
Can a disabled employee be dismissed for ill health?
It is fair to dismiss disabled employees only when there is no prospect of their recuperating in time during which the employer can cope without suffering significant loss as a result of the employee’s absence. In this respect, dismissal for ill-health or injury is akin to dismissal for the employer’s operational requirements (Grogan, 2001).
Can a sick employee be dismissed due to incapacity?
Treatment must be considered before dismissal of a sick employee can be considered. The incapacity procedure prescribed by law cannot be ignored. Check with a labour law expert as to whether or not the circumstances merit dismissal. Explore every alternative to dismissal before considering terminating the employment of a sick employee.
Can a dismissal be a result of ill health?
Incapacity means lacking physical or mental capabilities to perform work as a result of one’s poor health or an injury. These conditions can at times lead to an employee’s dismissal which can be effected either for a fair reason or for an unfair reason. The LRA, specifically, Schedule 8 Item 10, contains the Code of Good Practice on Dismissal.
Can a sick employee be dismissed under the LRA?
Employers are legally required to adhere to their own policies. Treatment must be considered before dismissal of a sick employee can be considered. The incapacity procedure prescribed by law cannot be ignored. Check with a labour law expert as to whether or not the circumstances merit dismissal.
Can a sick employee be dismissed in South Africa?
The above cases make it clear that, although employees can be dismissed for abusing sick leave, absence without permission and poor work performance: Sick employees are strongly protected from unfair treatment aimed at their disabilities. Alcohol abuse can be seen as an illness in South African law.