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i had injury august 2012 have had to lower back operations an a company says i dont need an occupational therapist to come out an access me cause i knoe how i feel.they is no position for me hear now.they say i can take a package which is on offer or i can ask doctor about boarding me.what is the proper way to resolve this issue so that i dont come up short 



Please note the following excerpt from


Dismissal for illness or injury

Illness or injury (incapacity) of a serious nature may be a valid reason for dismissal. The specific circumstances of each case must be considered to determine the fairness of dismissal.

The first step is to determine whether the injury/illness is temporary or permanent. The opinion of an expert may be necessary to determine the seriousness of the incapacity, for example eyesight or hearing as well as the likely time that an employee may be absent, for example in the case of cancer or AIDS.

The absence does not have to be continuous and includes recurring periods of absenteeism.


Should the incapacity appear to be of a permanent nature, the employer should establish whether it is possible to -
- find alternative employment for the employee;
- adapt the duties or work circumstances of the employee to - accommodate the disability/illness.

If no such possibilities exist, then dismissal is justified.


The employer should -
- investigate the severity of the incapacity;
- the employee should be given an opportunity to state his/her case during the investigation and may be assisted by a trade union representative or a fellow employee.

If the employee is likely to be absent for an unreasonably long time, the employer must consider all the alternatives short of dismissal. When reviewing the alternatives and deciding what is a ‘reasonable period’, the employer must consider the following aspects -
- the nature of the job;
- the period of absence;
- the seriousness of the illness/injury; and
- the possibility of a temporary replacement.

Employers should make a special effort to accommodate employees who have been injured at work or who contracted a work-related disease.

NOTE: In terms of case law, counselling is highly desirable when dealing with dismissal or instituting other measures relating to illness/injury in the workplace.

Rehabilitation and/or counselling may be considered, for example for alcohol or drug abuse.

Illness/injury and misconduct issues sometimes overlap, for example abuse of sick leave or where an employee reports for work in a drunken state - this may be regarded as misconduct or illness (alcoholism), depending on the specific case.




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