Members Area
    
 
   

CIVIL LAW

Employment contracts - Can an employee be fired for sickness?

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


Employment Contracts -  Long Term Sickness – Can the Employer Sack?

 

Many people ask us this question. 

 

Dismissals are always subject to the personal grievance procedure under the Employment Relations Act 2000.  We deal with personal grievances in our general Employment Law topic.

 

Employment Law
 

But sickness, and the ability of the employer to sack for it,  justifies a specific topic.

 

There must be a fair evaluation

 

The primary test is whether the dismissal was fair procedurally and fair in fact.  There must be a good or justifiable reason for the dismissal.

 

The employee must also be given a fair opportunity to be heard.

 

An inability to work either through an accident or a long illness is not very common and there are not many reported decisions of our Courts on the subject

 

In simple terms, if an employee cannot work as a result of illness or an accident then this amounts to a breach of the employee’s agreement with the employe

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
"Very, very helpful topics on Employment law, procedure, contracts and tips. Well worth the cost.

Company name withheld by request."

Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"I found all these contract topics interesting and helpful. JD. Napier December 2006"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"Very, very helpful topics on Employment law, procedure, contracts and tips. Well worth the cost.

Company name withheld by request."

Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"Very helpful . . . McBreen"
"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.

Thanks so much :)))"

"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

 Select Topic
 
 Related Topics