Unlawful Dismissal / Termination
Last edited 22/05/2019 - 11:00 by 1 other user
My husband joined a insurance company 3 Dec 2018 and his employment was terminated on 29 Apr 2019 stating the reason that he was not reliable as he had taken more than 4 weeks of sick leave, all the leave which he had taken was sick leave and was supported with medical certificate (s).
During his whole tenure he was never given verbal or written warning in terms of quality of his work or performance at work.
The employer has responded and refuted to reinstate my husband in his job reason(s) being -
Attending job was a inherent requirement of the job and since he was away for long the requirement was not fulfilled hence no claim under 351
Our understanding is - the reason provided in unfair as a person when he or she is ill and has produced doctor's certificate then employer should have been more considerate of the situation
As my husband had taken some part of his leave as unpaid leave s.352 is not applicable as well.
Our understanding is - he was getting only 10 paid leaves for whole year of work on pro rated basis, if he was sick for more than what he had accrued then there was no other way to apply for unpaid leave as advised by his manager.
Workplace advisory service is high in demand and they can only speak to us after 2 weeks.
We are seeking legal advice and till the time we get a lawyer who is in our budget or can provide pro bono advice - reaching out to forum to seek if there is anything which we should be /shouldn't be doing and anyone who cares to share their experience in such situation.