Sometimes, comprehending employment law can be a challenge. Below are three common workplace situations and their corresponding legal ramifications:
1: DISMISSAL DUE TO ILLNESS
There are three potential areas of legal exposure that employers need to be aware of:
· unfair dismissal;
· unlawful termination; and
At times, employees may have to leave their job due to long-term health issues. Employers should make an effort to help employees return to work by exploring different avenues before resorting to dismissal. Otherwise, this could be deemed as unfair dismissal. In certain circumstances, it may be fair to dismiss an employee if alternative actions have failed to bear fruit. However, employers must have a valid reason to do so, as stipulated in the Fair Work Act 2009.
2: EVIDENCE OF ILLNESS
To ensure that an employee’s sick leave is justified, employers can request evidence that would satisfy a reasonable person. This documentation can take the form of a medical certificate or statutory declaration. Employers must create a written policy, stating when employees should provide this information to the company. They must also require that employees inform their manager directly of their absence or communicate this information within a specific timeframe, so they can arrange adequate cover.
3: NOTICE OF REDUNDANCY
Employers have to give notice when dismissing an employee. The notice begins when employers inform their staff members of their intention to terminate their employment. If employees are notified of their redundancy just before taking leave, the time they spend on annual leave will count toward their notice period.