Can I lose my job due to illness?

Can I lose my job due to illness?

If you are persistently off sick, or on long-term sick, your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick.

Can an employee be terminated while on sick leave?

The short answer; yes, but in very limited circumstances. The law attempts to strike a balance between appropriate protections for employees being dismissed when they are temporarily unable to work and for employers to have the ability to dismiss an employee who can no longer perform their job.

What is incapacity due to ill health?

Incapacity is the inherent inability of an employee to perform work according to the employer’s established standards of quality and quantity due to ill health or injury, which can be temporary or permanent.

How do you get rid of an employee who is always sick?

5 Tips To Deal With A Regularly Absent Employee

1. Have a clear sick leave policy and communicate it.
2. Speak with your employee in a one on one setting.
3. Offer perfect attendance bonuses.
4. Understand the laws around unfair dismissal.
5. Monitor staff leave.

Does sick leave accumulate in South Africa?

Entitlement. In terms of the BCEA, sick leave is paid leave and an employee is entitled to the same number of days that they would ordinarily work in a six week period. The Act provides that, for the first six months of employment, an employee’s sick leave accrues at a rate of one day for every 26 days worked.

Does sick leave expire South Africa?

It is 30 days (or 36 days) in every three year cycle. If the employee uses up all his available sick leave at the beginning of the cycle, or during a cycle, then he has no more sick leave available for the balance of those 36 months – and therefore any further requirement will be taken as unpaid leave.

How do you declare medically unfit?

The term medically “unfit” refers to the failure to meet the specific inherent requirements of an occupation due to the presence of a medical condition that is an exclusion for the relevant occupation, or due to a lack in the capacity (physical or mental) to perform the work, to the required standard.

What qualifies as a disability in South Africa?

According to the Employment Equity Act in South Africa, people with disabilities are people who have a long-term or recurring physical, including sensory, or mental impairment which substantially limits their prospect of entry into or advancement in employment.

Can you fire someone who is always sick?

One of the first means of protection intended to prevent an employee from being fired for being ill is sick leave. California is one of many states that have laws to mandate paid sick leave. Employees have the right to use any and all accrued sick leave without facing consequences, which includes termination.

When is an employee entitled to a retrenchment package?

When the employee enters into an agreement with his/her employer to be retrenched, not to claim unfair dismissal and not to claim additional pay, in return for payment of a retrenchment package which includes his/her severance pay, leave, other pay s/he is legally entitled and additional benefits.

When does an employer have to issue a notice of retrenchment?

After the consultation process has been exhausted, the employer may make its decision to retrench, and then issue a notice of retrenchment to the affected employees. The law provides for additional procedures that the employer, employing more than 50 employees, must follow when deciding to retrench. 4. What must the notice to consult look like?

What does retrenchment mean in the UK?

Retrenchment is the process by which staff is reduced to cull redundant employees and reduce the wage bill. The Labour Relations Act. 1 , permits employers to dismiss employees for operational requirements. These are defined as requirements based oneconomic, technological, structural or similar needs of the Employer.

How are employees selected for retrenchment according to the LRA?

Section 189 (7) of the LRA provides that employers may select employees to be retrenched according to the criteria they have agreed upon by the consulting parties. If no criteria have been agreed upon that the selection must be fair and objective, the LIFO (‘last in’ – ‘first out’) principal is often applied but is not the only principal.