When does illness become 'frustration'

[ER-Enthusiast]

Hi All,


Just wondering on everyone's thoughts regarding long term illness in the workplace and at what point should the employer decide to terminate the employment contract?

[Qld IR Consultant]

First off I certainly wouldn't use "terminate" when dealing with this sort of situation. It would need to be a fairly robust absence management strategy involving employer, employee, HR and (if available) any rehab reps the company may have. I can understand the frustration an employer might feel but equally important to take into account is the frustration and fear that the employee is facing also. To give you an idea of time the last similar issue I was involved in was over an 18mth period. So its not an overnight fix.....

[ER-Enthusiast]

First off I certainly wouldn't use "terminate" when dealing with this sort of situation. It would need to be a fairly robust absence management strategy involving employer, employee, HR and (if available) any rehab reps the company may have. I can understand the frustration an employer might feel but equally important to take into account is the frustration and fear that the employee is facing also. To give you an idea of time the last similar issue I was involved in was over an 18mth period. So its not an overnight fix.....

Thanks for sharing your input!

Although I somewhat agree with that you have said. I don’t think you can always exclude termination as an option in the long term.

For example an employee who has used all their leave entitlements, has been on leave without pay for a long period and hasn’t informed the employer of an approximate return date or the likely outcomes for different treatment methods etc then how is it reasonable to maintain the contract of employment?

Just a thought, I don’t agree there is any right or wrong answer, I am just saying I think it depends on the circumstances and would most likely need to be evaluated on a case by case basis.

[Qld IR Consultant]

For sure. termination is the last resort and in most cases unavoidable. All you need to do is make sure that you follow a robust process to protect the business. Good Luck!!!