- May 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Termination of Employment Due to Medical Condition
I am a former warehouse worker from Melbourne who was recently terminated from my job due to a medical condition that the company deemed unsustainable to support. This decision was delivered to me abruptly at the end of a workday, leaving me feeling shocked and uncertain about my future.
The company stated that they would provide me with two weeks’ pay as severance. However, after the meeting, I was informed that I was still expected to return to work the following day to collect my belongings. This confused me greatly, as I believed I had already been let go the day before.
Despite my reluctance to return to the workplace following what I perceived as an unfair and unexpected termination, my boss continued to contact me, and HR even reached out via email when I did not show up the next day.
In this situation, the AI Legalese Decoder could help clarify the legal implications of my termination and whether my employer’s actions were in line with employment laws. This tool could provide valuable insights into my rights as an employee and empower me to navigate this challenging situation with confidence and clarity.
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****** just grabbed a
I interpreted this the same as OP. You finished up today and they were giving you 2 weeks’ severance.
You need to get everything from them in writing. Then go from there.
>I was sacked yesterday due to a medical condition in which the company will not be able to support me, as it is not sustainable for them.
My understanding is that you were sacked because your medical condition was unsuitable for your work?
Yes/No?
>I worked the whole day and was called at the last hour for a meeting and the shocked me with that decision.
Did they use the terms effective immediately?
>They said they will pay me 2 weeks.
This sounds like it was effective immediately
>After the meeting I was told I wanted to get my things and go home, but I was told that I was done for the day and I can just go back tomorrow to do it.
So you were simply going to go back to collect your things?
>My understanding was that they already fired me yesterday and I didn’t have to go back to keep working
That’s how what you wrote, reads as.
>But then my boss started ringing me and then the HR sent me an email, checking in as I didn’t show up to work today.
How is he your boss if you’ve been sacked?
>Did they expect me to keep working until tomorrow although they have already decided to terminate my employment?
Well if you were sacked for being medically unable to work, then it’s hypocritical to think you would come back to work today…
That you have been working in the role and they want you to come in makes the entire grounds for dismissal highly suspect to me. I think you should consult an employment lawyer, you may have an excellent claims for adverse action/ unlawful discrimination/ unfair dismissal. An employement lawyer should be able to give you a free initial consult and then if your case is reasonable proceed on a no win no fee basis.
Did they give you any papers? When I was made redundant I was given papers straight away and told to leave and not finish my shift. You’re not supposed to go back to anymore shifts once you have been notified in a meeting. So no you’re not in the wrong here. Just tell them you were fired yesterday and told to finish up. Make something up about how you had to go out looking for jobs and won’t be going there again.
OP worked the entire day & was prepared to return to work & did not mention themselves that their condition prevented them from carrying out their duties but somehow pseudo-intellectual redditers rule OP medically incompetent to work because the company alone deemed so? Yeah, no.
Chances are the company is terminating to avoid any assumption of legal liability in the case OP has a PI claim down the line in the instance the duties of the role worsens or contributes to the worsening of their medical condition.
And/or the company is unprepared/unwilling to make accomodations to assist OP to carry out their duties.
It is most likely in my mind the company does not wish to accomodate OP’s condition & finds it easier to terminate because the company did not request for OP to provide medical documentation/assessment to ascertain to what degree OP’s medical condition effects their ability to carry out their role. Therefore, the company could not reasonably conclude as to what accomodations (if any) are medically required & whether or not the company could have reasonably accommodated OP’s condition. So, it seems the company likely does not meet the evidentiary burden to justify termination upon the grounds given to OP.
If performance is the issue as to why they may have concluded OP medically unfit for the role that is not enough alone to justify termination on these grounds. The company must do their due diligence and ensure the termination is fully informed and lawfully justified.
If the company did not do their due diligence to inform their decision of termination by understanding the medical impact of OP’s condition & thereby whether or not the company could have reasonably accommodated OP (as is required by law) the company would have unlawfully terminated OP & would be liable.
This is especially true if OP disclosed the details of their medical condition upon hiring & OP did not expressly request any accomodations or does not require any.
The company here seems to have simply fired first rather than assessing the matter properly and is hoping OP wouldn’t or couldn’t push the issue. That’s a massive red flag that the termination here is likely unlawful.
My advice:
1. OP needs to ask HR for a letter of termination in writing stating the reasons for termination without this OP cannot proceed further legally.
2. OP needs to contact a union representative and/or a lawyer to discuss the issue and explore options.
Is the medical issue related to work?
Pre existing?
Was it impacting your work?
You’re missing all the relevant info
But yes, they’ve given you your two week notice, you have to work it, take sick leave, or not get paid for it.
I’d be calling Fair Work Australia or Supportah & getting advice because it doesn’t sound like your employer is doing the right thing.
Ignoring the illness but, being sacked isn’t usually ‘dont come back tomorrow’ unless they explicitly say that. There’s usually a minimum notice period that applies both ways, and you would be expected to work that unless prior agreement to waive it
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Only they can answer as to what they expected
If the duties you perform aggravate an underlying condition and it creates an incapacity for work, then it meets the criteria for a WorkCover claim. In addition to this, if the manner in which they terminated your employment was not conducted on reasonable grounds and in a reasonable manner i.e. in line with their policies and procedures and this causes mental injury impacting your ability to work this also meets the criteria for a WorkCover claim.
My assumption is that your medical condition impacts productivity in the workplace however there may be a part of this where your duties either contributed to, or make your condition worse meaning increased liabilities under WorkCover, if this is the case it likely provided a financial incentive for them to dismiss you. Also sounds like they might not have terminated you in line with their policies and procedures, or appropriate processes under fair work also creating future risk.
Options are either, find work elsewhere and move on or seek independent advice not from someone on Reddit. You can contact the worksafe advice line if any of my above assumptions apply.
>After the meeting I was told I wanted to get my things and go home, but I was told that I was done for the day and I can just go back tomorrow to do it.
I don’t understand this sentence at all.
>They said they will pay me 2 weeks.
Usually them paying you your 2 weeks notice is in lieu of you working it. So basically – “you’re done. Effectively immediately”.
I think you need to add some more info about the injury as well (not personal stuff) – things like if it happened at work etc etc.
If you have damaged your foot outside of work and it makes you no longer capable of performing the job – then yeah – if there’s no other job internally you could do – then it’s best for all if you move on.
There is a whole lot of wtf is going on here.
How long have you had this illness?
Was it work related ?
How does it effect your work ?
Was there any notification that your work performance had been suffering ?
Was there any attempt to discuss other areas that you could be assigned or if your job can be modified to meet your needs ?
So they told you that you were sacked, and to collect your things and go home but you were to return tomorrow ?
If you are incapable of performing the job why would they ask you to work another 2 weeks.
Are you in a union ? Get in contact with fair works some thing smells like fish
Is the medical condition in any way a product of your workplace?
Medical condition or disability.? Were you offered any reasonable adjustments so you could do your job?
I’d be ringing Fair Work Ombudsman to see where you stand in relation to your award and possibly Human Rights Commission.
You need a lawyer. Doesn’t sound above board.
Isn’t that discrimination?
Yes you were terminated & they offered you 2 weeks severance but as you said you still had things there, they expected you to come back the next day to collect them. They called you to check that you were allright when you didn’t show up. I don’t see what the problem is. Nobody mentioned you working the next day, just to come in & collect your things. Perhaps they wanted to do some paperwork with you? Why didn’t you ask them?