Termination on medical grounds IMPLICATIONS. However, such termination cannot be construed as a punishment inflicted on the employee, nor can such termination of service of a workman on the ground of continued ill health would amount to retrenchment, in view of the express exclusion contained under sub clause (c) of Section 2(oo) of the ID Act. Aug 9, 2016 · DISMISSAL/TERMINATION OF EMPLOYMENT ON HEALTH GROUNDS: HOW TENABLE IN NIGERIA? Ifeyinwa Okwuchi Introduction Generally, employees have a right not to be unfairly or wrongfully dismissed. A recent decision underlined the importance of receiving qualified medical advice, in order to avoid potential unfair dismissal claims. It was stoutly argued that according to clause 4. Jan 2, 2018 · Steps before termination of service on medical grounds 1. an unlawful termination claim; a claim under a state or federal anti-discrimination law. Dec 14, 2016 · The courts have held that treatment notes and sick-off sheets do not qualify as medical reports for purposes of termination on medical grounds. How is this justified so as not to be unfair or prejudicial towards the employee? The employee will not resign or retire. The medical board out procedure would therefore be subject to contract ie what is stated in the employment contract, or in the company’s policies and procedures. The employee should be informed to present his side. The medical professional should be independent and impartial. They should look at ways they can support the employee to return to work. Apr 21, 2022 · An employee’s lack of capability to do their job due to ill health is a potentially fair reason for dismissal. Oct 27, 2023 · as being equivalent to a medical report. The judge in this case stated: “T he employer in medical boarding out cases is expected to act reasonablywith its obligations of social consciousness, and should attempt to offer an alternative employment to the employee, even though it might be a lower Managing and Terminating Employee on Medical Grounds Employers and human resource professionals must navigate various legal and ethical considerations when managing employment contracts affected by medical issues. We would like to show you a description here but the site won’t allow us. Medical retirement is a possibility for employees who are not fit to work in any capacity. In some cases, the employee will resign, but there are some instances where it is necessary that you may need to consider dismissal on medical grounds. Apr 5, 2024 · While there’s no express provision for dismissal on medical grounds in the Employment Act, the Supreme Court commented that in such instances, the employer must demonstrate that medical assessments were conducted, which conclude that the employee is incapable of performing their duties, thus leading to termination of their employment. Whether it’s a long-term illness, a debilitating injury, or a medical condition that prevents them from performing their job duties, handling these sensitive matters requires tact, empathy, and adherence to legal guidelines. Aug 3, 2018 · Yes, you can consider dismissing an employee on medical grounds should their ill health mean they can no longer do the job they are contracted for. Furthermore, even if the termination is valid, it is important to ensure that you follow a procedurally fair and equitable process. Jun 13, 2024 · The termination procedures should be in accordance with relevant laws and regulations, ensuring that the employee is treated fairly and given the opportunity to address any concerns. 2. Therefore, before an employer dismisses you based on your physical getting a medical report from their GP with the employee’s permission - they have the right to see the report before you do; arranging an occupational health assessment; May 4, 2023 · What is the law on termination of employment on medical grounds? Section 45 of the Employment Act, 2007 stipulates that no employee shall terminate the employment of an employee unfairly. , the employer must follow a fair process. Fourth, the employer must give the employee the May 26, 2022 · What are the laws regarding termination on medical grounds in Australia? The Fair Work Act prohibits an employee from being terminated for certain reasons, including if the employee has been (a) A parent whose rights are subject to termination in a suit affecting the parent-child relationship and against whom criminal charges are filed that directly relate to the grounds for which termination is sought may file a motion requesting a continuance of the final trial in the suit until the criminal charges are resolved. 5. 3. If the employee’s prospects of recovery are slim, then section 14 (4) will kick in and the employee will have to be retired on medical grounds. 03. A Termination. Determining when to draw the line on a long-term illness and how long to keep a job open for a sick employee is a challenging task shaped by case law intricacies. Termination on Medical Grounds. Conclusion The upshot of this decision is that where an employee is terminated on medical grounds, the employer has to prove that they followed due procedure, and that the termination was not solely on the employee’s medical condition. Proceed to Employee is unable to return to work: Demotion or Termination of employment (non disciplinary). Protections at work; Unfair dismissal; Workers compensation This is known as a “medical board out” or termination on medical grounds. 2 to discharge the appellant on medical grounds, a report of a registered medical practitioner should have been submitted after the expiration of 6 months. Employers may terminate employees on leave if the reasons are unrelated to their medical leave. Mar 11, 2024 · The Fair Work Act prohibits dismissal on the grounds of an employee's temporary absence due to illness or injury. May 16, 2024 · The company terminated his employment on medical grounds, leading to legal action. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located. Dinsukhlal Sadavarti asked the workman to contact the Assistant Manager Bhalerao and on that day i. Lal v The Warehouse Ltd [2017] NZEmpC 66 Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality. While there’s no express provision for dismissal on medical grounds in the Employment Act, the Supreme Court commented that in such instances, the employer must demonstrate that medical assessments were conducted, which conclude that the employee is incapable of performing their duties, thus leading to termination of their employment. Employers must use medical evidence fairly and objectively. To make fair dismissals, employers should consider obtaining medical reports and conducting occupational health assessments. a medical investigation; consideration of alternative employment; and; possible ill-health early retirement if there is provision for this. Jul 3, 2023 · Yes, a company can terminate a person on the grounds of physical incapacity as provided for under Section 41 (1) of the Employment Act. Feb 2, 2022 · Further, while Kenyan Courts are not opposed to allowing termination on medical grounds, it urges employers to be guided by procedural fairness as outlined in Section 41 of the Employment Act. While the right is unfettered, the better approach in terms of the common law is to notify the employee. 1985 the workman was served with the termination order on the ground of continued ill health. 01 Temporary absence – illness or injury. Source reference: Fair Work Act 2009 s. For section 352 of the Act, this regulation prescribes kinds of illness or injury. Regulation 3. Many thanks, Madhu. Mar 20, 2018 · Employers need to make sure the medical reports they rely on when dismissing employees on medical grounds will stand up to the scrutiny of the Fair Work Commission. Jul 21, 2023 · In any event, it is crucial to seek advice to confirm whether you are in a position to terminate an employee due to illness or injury. One of her arguments was that the termination was not done procedurally in that she was not given an opportunity to show cause why she should not be retired on medical grounds. Employers should be aware that it is common for a dismissal Nov 28, 2018 · The arbitrator found, among other things, that the termination was lawful in terms of section 14(4) of the Act. Using Medical Evidence Fairly and Objectively. This is provided the absence is supported by appropriate medical evidence and does not exceed three months, or a total of three months over a 12-month period. Workers’ compensation in Australia What is unlawful termination? Should an employee be given notice of termination? What entitlements should be paid on termination? Redundancy; Contact us; Related information; Download the fact sheet: Ending Employment; What is termination of employment? Termination of employment is when an employee’s employment with an employer ends. The process that an employer must follow before ‘crying halt’ is known as a process for medical incapacity. Zulu then filed an appeal to the Labour Court. It is well accepted that an employer does not need to hold an injured employee’s role open indefinitely, and that there can come a point at which an employer “can fairly cry halt” on the employment relationship. Oct 11, 2022 · This guide to dismissal on grounds of capability due to ill health helps employers understand their obligations and their employees’ rights under UK law. Guiding principles and key considerations regarding termination, early retirement, and retrenchment of an ill employee; What non-medical factors should be considered, if any? Termination vs early retirement on medical grounds; The "termination" process: From diagnosis to final decision May 24, 2017 · “Medical Board Out” refers to a situation where the affected employee is sufficiently incapacitated due to a medical illness or disability, rendering them unable to fully and/or satisfactorily perform their job, leaving the employer with little or no option but to terminate the employee on the basis of medical grounds. 10. In On his medical examination by Dr. It is recommended that an employer have solid evidence of the employee's incapacity to work (such as independent medical assessments) as a basis for any decision making around injured and ill employees. Under the Employment Rights Act 1996, there are five factors that outline fair grounds for dismissing an employee: Conduct. While the Employment Act, 2007 (the Employment Act) provides criteria for dismissal by referencing physical incapacity, gaps exist regarding medical incapacity He was terminated on medical grounds, despite working at the company for 11 years. e. Section 41(1) of the […] Sick Leave, Retirement on Medical Grounds and Termination of Employment Contract on Grounds of Incapacity SC48-18 : THANDEKILE ZULU vs ZB FINANCIAL HOLDINGS (PRIVATE) LIMITED Ruled By: ZIYAMBI JA, GARWE JA, HLATSHWAYO JA, GUVAVA JA and UCHENA JA Dec 19, 2018 · This is an issue commonly referred to as “Medical Boarding Out”. Dr. This post explores the process for termination of employment due to ill health. Employers covered by the FMLA are generally prohibited from terminating an employee for taking FMLA leave. The court emphasized that while employers have the right to terminate due to illness, it must be done with care. 36 of 2019) stated that the Employment Act does not provide for termination/ dismissal on medical grounds but provides for dismissal on the grounds of physical incapacity. The IDA applies only to individuals categorized as “workmen”[1], which excludes persons who are employed in a. Employees are thus protected from unfair termination and discrimination in the work place, particularly on Jun 21, 2016 · For example, there is no legal requirement for a company to put the employee on no-pay sick leave (or half-pay sick leave) for a few months prior to termination on medical grounds. Doing so will help to mitigate any likelihood of a claim against you. Employee Is Unable to Return to Work (in the Foreseeable Future): The Employee Will Retire on Medical Grounds. Available in MS Word format from MegaDox. Jul 27, 2021 · An employer considering termination of an ill or injured employee must still comply with their obligations under the FWA, including notifying the employee of the reasons for the consideration to terminate the employee, the medical evidence being relied upon, and providing the employee with an opportunity to respond. Structured Process: Steps for Termination Due to Medical Incapacity. 2. May 31, 2024 · In Kenya’s dynamic employment landscape, terminating employees on medical grounds poses significant challenges for employers as employers must weigh between productivity and being sensitive in the face of medical incapacity. Feb 2, 2022 · The primary law that governs termination of employment in Kenya is the Employment Act, 2007. US . termination as a result of non-renewal of the contract; and 4. This sets out what happens if serious injury or illness means an employee can no longer do their job. Personal. Jun 23, 2023 · The Supreme Court in the case of Simon Gitau Gichuru V Package Insurance Brokers Ltd (petition No. It typically forms part of a mutual agreement to terminate employment where the employee is no longer capable of performing their role and no reasonable Mar 24, 2019 · Any employee can only be granted a further 90 days of sick leave on half pay if a medical practitioner is of the view that the employee will be able to refuse normal duty at the expiry of the 90 days. When dismissing an employee for medical incapacity. What is medical termination? Termination for medical incapacity (also known as medical termination) is the option to end a person’s employment because they are unfit to work or incapacitated, and either: they will never be able to return to work; it is uncertain whether they will return to work or in what capacity; or Dismissal for medical incapacity. Optional. Remember to consider reasonable adjustments such as flexible working hours, remote working or issuing alternative responsibilities. Jun 7, 2016 · For example, there is no legal requirement for a company to put the employee on no-pay sick leave (or half-pay sick leave) for a few months prior to termination on medical grounds. Employees on medical leave have legal protections under the FMLA and ADA, but these do not guarantee immunity from termination. An employer should take steps to avoid dismissing an employee on the grounds of capability. These assessments can provide valuable Apr 8, 2025 · Ill health severance pay is a financial payment offered at the employer’s discretion to employees who are unable to continue working due to long-term illness or a medical condition. Note: Under section 352 of the Act, an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations. ‌ The employer may terminate the employee’s employment if either: (a) The employee has been unable to carry out their duties for a total of 3 months (or 95 days) in any 12 month period due to any mental or physical illness or incapacity; Or (b) Following an assessment by a medical practitioner, the prognosis is May 9, 2025 · Download a free employee termination letter for reasons of ongoing illness which leaves the employee unable to work. May 22, 2024 · While there's no express provision for dismissal on medical grounds in the Employment Act, the Supreme Court commented that in such instances, the employer must demonstrate that medical assessments were conducted, which conclude that the employee is incapable of performing their duties, thus leading to termination of their employment. Ending employment: Medical Next. The decision to dismiss is not a medical question, but one for the employer to take in the light of the medical evidence available. When an employee is unable to perform their role completely or to the required standard due to illness or injury. The court outlined a structured process for termination on medical grounds: Oct 28, 2024 · In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. For a complaint of unfair termination or wrongful dismissal, the burden of proving its occurrence rests on the employee while the burden of justifying grounds of termination or wrongful dismissal rests on the employer. Mar 6, 2023 · Let’s look at how medical capability dismissals are defined. com. Where a person is terminated under medical grounds it is Dec 9, 2024 · As an employer, one of the most difficult situations you may face is having to terminate an employee due to medical reasons. May 20, 2025 · The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, including the employee’s own serious health condition. What is medical boarding out? It is the termination of an employee’s services on the ground that the employee has no or little prospect of recovering from a chronic illness or injury. The Employment Court has set down the following principles as it noted that section 103A, the Test of Justification, does not sit comfortably with a no-fault based dismissal for cases such as medical incapacity. If an employee Medical incapacity. However, employers are often afraid to approach issues of ill-health pro-actively, for fear of falling foul of disability discrimination legislation and having to undertake lengthy ‘risk-assessment’ procedures and pay for expensive medical examinations. Dinsukhlal Sadavarti, the workman was found unfit for work. Further, the High Court held that when the Feb 18, 2023 · Termination Letter Medical Incapacity. Difficult conversations in the workplace; Related information. Brief Analysis of the Law of Succession (Amendment) Act 2021 A Brief Analysis of the Kenya Deposit Insurance Amendment Bill, 2020 May 23, 2022 · What are the laws regarding termination on medical grounds in Australia? The Fair Work Act prohibits an employee from being terminated for certain reasons, including if the employee has been temporarily absent from work due to an illness or injury. The Employment Act under Section 45(2) recognizes that an employer shall be deemed to have terminated an employee fairly if the reason for termination is valid and related to the employee’s the conduct, capacity and capability. How to fairly dismiss an employee on grounds of ill health? Dismissal should be a last resort after exhausting other efforts. In MHS Aviation Sdn. For termination to be fair, it must satisfy the three-fold criteria set out under the Act, which is:-The reason for termination must be valid On the other hand, the audi alteram principle would still need to be respected and failure to do so would render any such termination null and void. Constitute a Medical Board comprising the Certifying Surgeon (if you are registered as a factory) and one or more doctors who can give a report on the medical fitness of the employee to continue in service any further. What is a medical capability dismissal? Medical capability dismissal is a fair reason for dismissal based on a lack of capability due to health-related reasons. Find out more about: . Bhd V Zainol Akmar Bin Haji Mohd Noor [2001] ILJU 48 , the claimant, a pilot, was diagnosed with acute inferior and posterior myocardial infarction. Frustration occurs when unforeseen circumstances, such as illness or incapacity, make it Nov 19, 2012 · As such FWA found the termination was harsh, unjust and unreasonable and the worker was reinstated. managerial or administrative capacity, or supervisors who draw a monthly salary exceeding INR 10,000 (approx. For example: making changes to their role; using a phased return to work; An employer must make reasonable adjustments if an employee is disabled. 01 ; Tools and resources. Can you dismiss an employee on grounds of capability due to ill health? The short answer is yes, provided it is fair to do so, and the correct capability process is followed. termination on the grounds of continued ill-health. PART ONE: Termination on the Grounds of Ill-Health . By procedure under ID Act, I understand you mean the procedure to be followed for retrenchment under V(a) or V(b) as applicable. The employee’s employment was subsequently terminated on the grounds that it would be unsafe for him to carry out his full duties, and there was no time frame where a return to duties without the increased risk of injury would be possible. The doctrine of frustration plays a crucial role in the termination of employment contracts. 8 A persuasive High Court judgment of Evans Chongo Employers should choose a qualified medical professional, such as the employee’s GP or an occupational health specialist, to provide the medical evidence. May 23, 2023 · After considering the specialist reports, Amcor raised the possibility of termination on medical grounds. Jan 11, 2025 · Grounds for Termination. I have gone through the standing orders and the model standing orders and did not find any specific reference to termination on grounds of continued ill-health. 351, 352, 385, 723 and 772 ; Fair Work Regulations 2009 r. kpmyzr geab klejz ahcba hhdatq iqdn tjjeixvjc kobi bnqrhlk siovv