A recent Employment Relations Authority hearing has reaffirmed that an employer may dismiss a sick employee after a fair investigation.

The employee brought a personal grievance claim alleging unjustified dismissal.  He was sacked after being on sick leave for several months (with repeated 2-week medical certificates).  The employee failed to allow his doctor and counsellor to discuss matters with the employer, despite a warning that they may have to terminate his employment.

An employer is required to fully investigate the medical incapacity, including the employee’s current state of health, chances of recovery, and expected delay in a return to work.

The employer was suffering operational difficulties from the long absences and was found to have acted reasonably in terminating the employment.

You do not need to wait until the illness is long term before putting steps in place to manage the issue.  The sooner you get onto the correct process the better.

If you need help managing a potentially long term sickness issue give me a call on (04) 473 6850.