Work refusing to let me rejoin after certified sick leave

Masala

As matter of interest ... is OP willing to drop wages and terms and enter a new contract of employment if company can accommodate?? Just wondering

FitOrUnfit

OP here. Just realised that most of my post since the last 2 weeks didn't get approved and posted!

Registered just to update.

As stated earlier, the laws exist to protect both employees and employers... We live in 21st Century Ireland.

It was a clear case of the employer trying to pull a fast one hoping I don't react. When I did, the turn around was really quick. Says a lot?

The last few posters have included a lot of evidence on how and why I am legally covered...

Is it that difficult for people to refrain from posting unless that really know the laws etc? All they are doing is discouraging others from reacting to being shafted.

Maybe I'll try to respond to most posts as I had done but they weren't posted.

But everyone should exercise their rights. Nothing to lose, everything to gain. Hard work and the will to work will never go unnoticed. Wanting to work is not an entitlement but wanting to stay on welfare is...

This isn't a case of slipping in the aisles and receiving payouts... This is a case of a loyal employee working for years who developed a medical condition on the job, hoping to return to actual work, not paper pushing or just collecting a salary, after recuperating but on medical advice have requested some accommodation... But well, what's the point of explaining to people who don't want to understand?

bucketybuck

FitOrUnfit wrote: »

But well, what's the point of explaining to people who don't want to understand?

There have been some valid questions asked and you haven't answered any of them. That alone says a lot.

Feets

Alot of posts here but it sounds like you r not welcome back...is there another company you would like to work for. If they dont value you, they won't start now. It would have to be better for your confidence? Just a thought

FitOrUnfit

FitOrUnfit wrote: »

. But well, what's the point of explaining to people who don't want to understand?

Ops don’t always get the advice and support they are hoping for, but one thing is certain, rarely do people have a “water tight case” when it comes to employment law, hence why adjudications at the WRC occasionally go against the employee.

The law is there to protect both sides, not exclusively the party that feels wronged. It is a fact that employers do not have to create a new position for the employee unable to return to full duties, the Judge in the High Court case linked earlier actually stated that. So your case would have to stand on its own merits, were you unable to return to your job? Did the employer make a effort to accommodate you? And if so, was there another position available?. That is for the WRC to consider and adjudicate on, but there is no guarantee that you will prevail, that is the law, whether you yourself understand that is now open to debate.

Best thing you can do is get an opinion from an independent HR consultant or solicitor.

calfmuscle

FitOrUnfit wrote: »

OP here. Just realised that most of my post since the last 2 weeks didn't get approved and posted!

Registered just to update.

As stated earlier, the laws exist to protect both employees and employers... We live in 21st Century Ireland.

It was a clear case of the employer trying to pull a fast one hoping I don't react. When I did, the turn around was really quick. Says a lot?

The last few posters have included a lot of evidence on how and why I am legally covered...

Is it that difficult for people to refrain from posting unless that really know the laws etc? All they are doing is discouraging others from reacting to being shafted.

Maybe I'll try to respond to most posts as I had done but they weren't posted.

But everyone should exercise their rights. Nothing to lose, everything to gain. Hard work and the will to work will never go unnoticed. Wanting to work is not an entitlement but wanting to stay on welfare is...

This isn't a case of slipping in the aisles and receiving payouts... This is a case of a loyal employee working for years who developed a medical condition on the job, hoping to return to actual work, not paper pushing or just collecting a salary, after recuperating but on medical advice have requested some accommodation... But well, what's the point of explaining to people who don't want to understand?

Well done for standing up for yourself op. Lots of negatively around at the minute, it's great to see you fighting to get back to full health and work. I hope you enjoy being back to work and continue to improve your health. Best of luck!

FitOrUnfit

bucketybuck wrote: »

There have been some valid questions asked and you haven't answered any of them. That alone says a lot.

Your post sums it all up. If you cared to read I said "Just realised that most of my posts since the last 2 weeks didn't get approved and posted!". Which part of this sentence did you not understand but still wanted to throw the "that alone says a lot" out there?

Thanks to a lot of posters who came up with some great advice, also thanks to the counter arguments as those are also very useful to understand ones position.

I didn't meant to attack any posters who had arguments or counterarguments and I wasn't expecting people to agree that I am the victim or whatever. It's just those posters who are trolling, getting the pop corn, and all that crap which only suits people who have nothing else to do.

Once again, I hope my posts aren't misconstructed. But let's focus on facts if you want to say "you do not have a case".

FitOrUnfit

Re: Water Tight Case was because the employer didn't follow any procedures. They blame covid, but anyway not an issue now.

Procedures include what other posters have mentioned - medical assessments, what kind of accommodation, are there other positions, proof of engaging with the employee, were any options given which the employee rejected, etc. The burden of proof is on the employer to prove "they tried" but in this case they clearly hadn't.

In simple terms water tight because they didn't even try, forget about reasonable, it was non existent.

With my education, qualifications, skills and experience I could probably state that I qualify for nearly 90% of the jobs if not more. My performance prior to illness was at the top end too for a number of years. So that was another thing in my favour with the only caveat being I am not 100% fit at the moment but will be in a few months during which I need some reasonable accommodation.