When does an employee's absence from work or their continued
inability to perform their full-time pre-injury duties reach a
point where an employer can consider ending the employment?
WHAT LENGTH OF TIME IS NECESSARY?
Subject to certain issues, there is no minimum period of absence
or inability to perform the pre-injury job that must have elapsed
before an employer can consider termination of the employment.
Where the illness or absence is work-related, in many cases,
workers' compensation legislation compels an employer to find
suitable employment for the employee for a certain period of
time.
If the employee is dismissed because of their incapacity during
that protected period, it may expose the employer to a successful
unfair dismissal claim by the employee. It is therefore prudent for
employers not to dismiss an employee in that protected period for
incapacity if the incapacity is work-related. Also, employers
should carefully consider whether the employee
