Unfair Dismissal Due To Illness  

Unfair dismissal occurs when an employer does not follow fair procedures or there is no proper reason for the dismissal. The worker has the right to challenge against such dismissals. A dismissal is considered unfair if it is:

  1. Unreasonable, unjust or harsh
  2. Involvement in activities of workers unions
  3. Membership of a trade union
  4. Pregnancy or child adoption
  5. Filing a complaint against the employer or being involved in legal proceedings against the employer  
  6. Temporary absence due to illness and injury

Absence due to illness or injury:

Absenteeism due to illness cannot be a basis for dismissal. An employee cannot be lawfully dismissed by an employer because of temporary absence from work due to illness or injury. If an employee is dismissed for temporary absence from work due to illness or injury, it is considered as unfair dismissal. However there are some conditions. An employee cannot be absent for more than 3 moths either in separate periods or single block in one year, unless, he or she is on a paid sick leave for that duration. An employee must provide a medical certificate within 24 hours before being absent for a longer period. If the employee is covered by a workplace agreement, he or she must comply with the legal provisions in that document. The provisions usually deal with the notice and evidence requirements for absences from work.

If an employee or worker feels he or she has been wrongfully dismissed for absence due to temporary illness, they can file a claim and if the dismissal is found to be unfair, the employee will be able to get reinstated or reemployed or he can be entitled for monetary compensation.

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