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off sick and job now done by someone else

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  • 10-03-2010 6:27pm
    #1
    Faolchu
    Registered Users Posts: 1,740 ✭✭✭


    my uncle has been out of work sick for some months, his illness meant he was completly unable to work, but after he had an operation he is certified fit for work by his surgeon. he's due to return to work in two weeks time.

    until about about 2 weeks ago his boss had no problem, had assured him his postion was secure etc. Now he's changed his tune. he's said your job isn't here any more coz I'm doing what you use to do (as far as i can tell that means my uncle's position is still required and so should be available for him to return to), he has offered my uncle a different job, completly dissimiliar to hisold one and obviously for less pay.

    am i right in thinking teh guy can't do this. that legally he has to give him his old job back at his old rate of pay and if not then make him redundant.


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Sounds as his position is already redundant!


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    #3
    Faolchu
    Registered Users Posts: 1,740 ✭✭✭Faolchu


    yeah i suppose his position is redundant not his role, coz its been merged with another i guess.


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    #4
    djk1000
    Closed Accounts Posts: 899 ✭✭✭djk1000


    Depends on his contract and what it says about long term sick leave. If he has anything in writing to say that the job would be there when he returned, he might have a chance at a redundancy payment.


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    #5
    shoegirl
    Registered Users Posts: 2,021 ✭✭✭shoegirl


    Faolchu wrote: »
    he has offered my uncle a different job, completly dissimiliar to hisold one and obviously for less pay.

    am i right in thinking teh guy can't do this. that legally he has to give him his old job back at his old rate of pay and if not then make him redundant.

    He can offer your uncle a different job but I think pay has to be maintained.

    I heard a funny story years ago about somebody being off sick at Microsoft when it was a manufacturing facility and coming back when it had turned into purely software - they had to jump some hoops to find her a suitable role, but they did :-)


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