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Probable Intimidation

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  • 09-08-2011 9:20am
    #1
    Closed Accounts Posts: 669 ✭✭✭


    Hi

    A family member is on unpaid sick leave (Just over 6 months)from work at the moment, Has 5 yrs service built up in this full time position.

    They got an email from the company saying they need to know when they intend to return and I quote " We are unable to leave your position open indefinitely"


    In summary the person has been certifed as unfit to work by a doctor and the employer is threatening to cancel their employment as a result,

    Surely this is unfair.

    Any thoughts ?


Comments

  • Registered Users Posts: 3,502 ✭✭✭thefinalstage


    galait wrote: »
    Hi

    A family member is on unpaid sick leave (Just over 6 months)from work at the moment, Has 5 yrs service built up in this full time position.

    They got an email from the company saying they need to know when they intend to return and I quote " We are unable to leave your position open indefinitely"


    In summary the person has been certifed as unfit to work by a doctor and the employer is threatening to cancel their employment as a result,

    Surely this is unfair.

    Any thoughts ?

    They are allowed to do this if the person has no chance of being work fit after a certain period of time.


  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    galait wrote: »
    In summary the person has been certifed as unfit to work by a doctor and the employer is threatening to cancel their employment as a result,

    Surely this is unfair.

    I can't see what's unfair about it myself.

    Your relative has a contract. But they are unable to fulfil their side of the bargain (ie do the job). The employer has held their position open for considerable time, waiting for them to get better.

    But that cannot go on forever, sooner or later the contract has to be dealt with - at very least for the sake of the poor temp who's probably being strung along filling in on a week-by-week basis!

    It will look far better on your relative's record is they resign than if they are forced through a termination or medical-redundancy process.


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    Can I ask what do you consider intimidatory about that statement? I don't see it myself.


  • Registered Users Posts: 1,004 ✭✭✭LimeFruitGum


    There's nothing intimidating about it. It is standard practice and perfectly reasonable to enquire about the employee's health after a few months sick leave. Why oh why is the first reaction like "bastards are out to get me".

    Would it be so awful to talk to employer, show whatever sick notes they have and give them a date where they would expect to be fit to work, so they can decide whether the tasks can be coverered or whether to get a temp/contractor in to relieve the other employees. Employee planning is a key part in running a business, for goodness' sake.


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