TOO SICK TO WORK, TO YOUNG TO RETIRE

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TOO SICK TO WORK, TO YOUNG TO RETIRE

Unread postby Maryke » 18 May 2009, 12:39

What does an employer do when one of its employees is too sick to work and too young to retire, he is 52 years old. I have received a letter from his doctor advising the employer of his medical condition and that he is unable to carry out his normal duties. He has been absent for more than a month now and he used all his sick leave.
Maryke
 
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Re: TOO SICK TO WORK, TO YOUNG TO RETIRE

Unread postby wmburger » 18 May 2009, 12:48

Is this employee unfit for employment or just for his spesific duties?
Wil-Mari
wburger@labourguide.co.za
Wil-Mari Burger Attorneys
The SA Labour Guide Team
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Re: TOO SICK TO WORK, TO YOUNG TO RETIRE

Unread postby Andrec » 18 May 2009, 12:49

You should follow your incapacity procedures to determine whether the person is still capable of performing. If not, follow look at alternative postions if available, if not follow the procedure and terminate his services due to incapacity.
André
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Re: TOO SICK TO WORK, TO YOUNG TO RETIRE

Unread postby Maryke » 18 May 2009, 13:15

He is totally unfit for employment.
Maryke
 
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Re: TOO SICK TO WORK, TO YOUNG TO RETIRE

Unread postby Andrec » 18 May 2009, 13:32

Then you should terminate his services due to incapacity. To remunerate a person that are simply not performing, would be unfair to the company.
I would suggest that you schedule an appintment with Wil-Mari on wil-mari@burgerlaw.co.za; should you need assistance regarding the procedure.
André
SA Labour Guide Forum Team
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