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Medical Incapacity eBook

How to Manage and Terminate Staff for Medical Incapacity

Employees can become ill and can be involved in accidents. It is a reality of life. Hopefully, they recover within a short time to resume their normal work duties. However, they may be incapacitated in such a way that they are no longer fit, healthy or capable to do the work required from them.

In such circumstances, ending the employment relationship for medical incapacity may be an avenue available to an employer.

Employers are not expected to keep a sick or incapacitated employee’s job open indefinitely. However, the dismissal of a sick or incapacitated employee must be substantively justified and procedurally fair.

Updated in 2023 this eBook provides employers with the steps required to deal with this situation.

The Contents of this eBook follow:
  • Introduction
  • Different Forms of Incapacity
  • Awareness
  • Duration
  • Procedural Fairness
  • Obstruction
  • Balancing Act
  • Work Related Illness and Injury
  • Notice of Formal Meeting regarding your Illness
  • Information for Employee on the Privacy Act 2020
  • Consent to Collect & Provide Medical Information
  • Letter to Dr/Health Provider
  • Notice of Second Formal Meeting regarding your Illness
  • Letter of Variation to Employment Agreement
  • Letter Calling Final Meeting of Medical Incapacity Process
  • Notice of End of Employment Relationship due to Illness
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