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Employment contracts - Can an employee be fired for sickness?

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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-

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"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"

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