Termination For Extended Sick Leave

When and how can an employer terminate an employee due to a long-term absence? To avoid being on the receiving end of an unfair dismissal claim, employers must ensure that a proper assessment has been made of (i) the reason for termination and (ii) the procedure in deciding whether or not to dismiss.

Pursuant to the Employment Act 2000, a valid reason for termination is one connected with, inter alia, the ability, performance or conduct of the employee. A temporary absence due to sickness or injury is not a valid reason unless it is frequent and/or the employee exceeds their allocated leave entitlement. Further, it is not enough to show that there is a valid reason. The employer must also ensure that a proper investigation and termination procedure is followed.