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SA Unfair Dismissal After Disclosing I Take Medication?

Discussion in 'Employment Law Forum' started by Glen, 29 December 2014.

  1. Glen

    Glen Member

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    I was employed full time (contract) to carry out work for a company. I underwent a pre-employment medical during which time I disclosed I was taking medication. After 4 weeks working in a job I was required to disclose that I was taking medication due to job requirement. The company basically said sorry and have ended my employment.

    I gave a up a good job to take up this position, I was honest in my Pre-medical exam prior to being accepted or accepting the job. Issue arose through a lack of communication between my direct employer and the company they were contracted to. Due to the very short period of employment, I am now out of work and have no entitlements.
     
  2. Paul Cott

    Paul Cott Well-Known Member

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    Hi Glen,

    You havent been there long enough to have an unfair dismissal claim - you need to be there for at least 6 months or 12 months.

    You might have a 'general protections' claim though. This type of claim depends on adverse action being taken against you for a prohibited reason - such as illness or medical type reasons. Luckily with such a claim you do not have to prove the action (dismissal) was taken against you for a prohibited reason - the employer has to prove it. You should see an employment lawyer or ring the Fair Work Commission for assistance.

    Hope that helps.
    Paul.
     
  3. Glen

    Glen Member

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    Thankyou Paul for your reply - the termination letter I received stated that due to the medical requirements of the company I was contracted to support, my employment would be ending.
     
  4. Paul Cott

    Paul Cott Well-Known Member

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    Glen,

    Further information as to the reason the medical requirements could only be satisfied by ending your employment would have to be given by your employer.

    It can be a defence to end someone's employment if they cannot fulfil the inherent requirements of the position due to their condition e.g. Someone has a slipped disc in their back and the role necessarily required a significant amount of heavy lifting.

    Nevertheless I would suggest, as I said, you see an employment lawyer and or call the Fair Work Commission.

    Paul.
     
    John R and Tim W like this.

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