Hi, I am wanting to know if my employer can fire me? I had back surgery in December 2019 (not workers comp). I have been advised be my manger that i cannot return until i am 100% better. I have also been advised that after 10months they have a right to fire me if i am nkt back at work. My physio is saying i should be back by mid April, meaning i would have been off work for 6.5 months. Was wondering if they do fire me because of my back, would this be allowed under the anti-discrimination act? I am employed as Assistant store manager (permanent part time)
Legal dismissal???
- Thread starter Katelyn
- Start date
It's not a form of unlawful discrimination - this covers things like religion, age, gender, political persuasion, sexual preference and so on - not illness.
Workers receive protection from termination when unable to work due to illness or injury (not disability). However, that has its limits. If you're absent for more than 3 consecutive months, or more than 3 months within a 12 month period, and you've run out of paid sick leave - you're no longer protected.
If you still have paid sick leave accumulated, you're protected until it runs out. But, once it runs out the 3 month clock doesn't restart.
Workers receive protection from termination when unable to work due to illness or injury (not disability). However, that has its limits. If you're absent for more than 3 consecutive months, or more than 3 months within a 12 month period, and you've run out of paid sick leave - you're no longer protected.
If you still have paid sick leave accumulated, you're protected until it runs out. But, once it runs out the 3 month clock doesn't restart.
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