Medical incapacity is one of the most sensitive and difficult areas of employment law. Long-term sickness or injury can create a difficult situation for employers and employees when it is unclear when (or if) an employee will return to work.
It is well-established law that an employer is not bound to hold a job open for an employee who is sick or prevented from carrying out their duties for an indefinite period. Rather, the law recognises that there must be a stage where the employer can “fairly cry halt”.
In the event of dismissal for medical incapacity, a procedurally fair process must be followed and requires consideration of a number of factors.
Seek our expert guidance to mitigate your risk and to assess your company’s best options going forward. We can also draft medical incapacity clauses for individual employment agreements.
Alternatively, if your employer has commenced a medical incapacity process with you or you have been terminated for medical incapacity and feel a proper process was not followed, contact us for practical and clear advice.