16. Dismissal for illness / injury

Illness may be grounds for dismissal of an employee if the condition adversely affects the employee's ability to carry out duties the position requires. To consider dismissal for illness employer’s will need to take into account many aspects. There may be a requirement later on to prove incompetence, non-performance of duties or the inability of the employee to complete tasks due to the illness, as well as fairness and correct procedures on the part of the employer. The law requires employer’s to give employee’s a 'reasonable' period to recover from an illness. To determine what is reasonable will vary in each case.

If an employee brings a grievance against his/her employer for unjustified dismissal, the employer also needs to be able to prove fairness in every action taken and that the situation had been carefully examined before deciding to terminate the employment of the affected employee. The gathering of medical information needed by the employer prior to deciding to dismiss will require written consent from the employee in accordance with the Privacy Act and the Medical Information Code.

Prior to deciding on dismissal, and as part of the initial inquiry, employer’s do not need to know specifics of the illness or injury as much as they need to know:

  • If the illness is curable.
  • Whether or not the illness is likely to be long term.
  • When the employee will return to work capable of performing normal duties.
  • What sort of rehabilitation is required.
  • Whether a return to work to perform the normal tasks of the position would delay the healing process or aggravate the condition.
  • Whether the condition would endanger other staff or clients through infection or an inability to perform the tasks to the standards required.

The medical practitioner and the employee involved would provide this information. Employer’s are not required to make a judgement call regarding a medical condition and are advised to obtain all the facts of the case in writing.

Next Page

replica watchesreplica watches of Porsche design are quite famous, especially amongst the users who are fascinated by mechanical designs and sporty machinery. Those who are fond of the fast and furious rolex replica things have an immediate fondness for this kind of design and hence its replica watches are the fastest selling of all breitling replica. The design is basically an imitation of the complex designs we have in machinery of cars basically. It looks like a wild variation for a replica watches to have but the moment you look at the piece, you fall in love with it. The most conservative designs rolex replica have been imitated in these designs and people are going heads over heels over them. This is the reason why the elegant and functional breitling replica designs have created such a place for themselves in the market. The reputation of the fake replica watches of Porsche design is nothing less. One can expect some nice fabrication, clear face and legitimate designs in rolex replica. The prices of these replicas are much lower than the original but the craftsmanship is outstanding. One would never complain about any lacking feature, it is so original. But what remain the high points of Porsche design breitling replica is their elegance. They suit every hand and bring a classy aura to the person wearing it. And even after being so classy, you can still expect great functionality from these watches which is what people love about these replicas. There is a large variety available in these design watches. They will make you wonder how imaginative the manufacturer can be and how original even a fake time piece can be. replica watches watches are one of the most well known timepieces in the entire replica industry. The credit to their wide popularity goes to the originality of design that the craftsmen of the replica give to the timepiece rolex replica. You would be amazed to see that every tiny and basic detail is taken care of so well. It becomes very difficult to point out even a single mistake in it. The logo, the marks for hours and everything else possible is given its due importance in fabricating replica watches of Rolex. In fact, very few people can themselves make out the difference between an original and breitling replica; such is its imitation.