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The key to managing long-term illness

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HC Online | 27 Feb 2014, 08:13 AM Agree 0
Is it ever legal to dismiss an employee with a long-term illness?
  • Kelly | 27 Feb 2014, 02:35 PM Agree 0
    Where exactly does it state the period in the Fair Work Act about the timeframe for sickness?
  • Ken | 27 Feb 2014, 03:44 PM Agree 0
    I think you need to highlight that employees are protected while on paid sick leave regardless of the length of time they have been off.
  • Julianne | 28 Feb 2014, 05:20 PM Agree 0
    Kelly, it's quite a complicated issue due to various workplace laws pertaining to each individual circumstance. For example - s352 of the Fair Work Act, an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury. Under Reg. 3.01 of the Fair Work Regulations 2009 it is not a ‘temporary absence’ if the employee’s absence extends for more than 3 months, or the total absences of the employee, within a 12-month period, have been more than 3 months, exclusive of an absence on paid personal/carer’s leave. Under the same regulation, an employee absent on workers compensation is not considered to be absent on a period of paid personal/carer’s leave. Even if these timeframes pass a termination can still be found as harsh, unjust, unfair or unreasonable. This is why case management is so important.
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